Star Wins 'Whiter Shade of Pale' Appeal

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D'ARCY DORAN | April 4, 2008 08:53 AM EST | AP

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Gary Brooker, front man in rock group Procol Harum arrives at London's high court Tuesday Nov. 14, 2006. A British appeals court has awarded the lead singer of Procol Harum full royalties to the band's iconic hit "A Whiter Shade of Pale." Britain's Court of Appeal ruled in singer Gary Brooker's favor on Friday April 4, 2008. (AP Photo/ Max Nash, FILE)

LONDON — The lead singer of the British band Procol Harum won an appeals court judgment Friday awarding him the full royalties to the iconic hit, "A Whiter Shade of Pale."

Britain's Court of Appeal ruling for rock star Gary Brooker overturned a lower court decision granting the group's former organist 40 percent of the millions of dollars in royalties from the song.

The appeals court agreed Matthew Fisher, who played the haunting organ theme, was entitled to co-authorship but said he will receive no money from past or future royalties.

"For nearly three years this claim has been a great strain upon myself and my family. I believe the original trial was unfair and the results wrong," Brooker said. "I would hope that now, we can all get on with our lives."

Lord Justice John Mummery said Fisher was "guilty of excessive and inexcusable delay in asserting his claim."

Fisher, who quit the band in 1969 and is now a computer programmer in London, filed his claim to joint ownership nearly 40 years after the song was recorded and became one of the anthems of the 1967 "Summer of Love." The record has sold 10 million copies, and Rolling Stone magazine has ranked the song 57th on a list of the 500 greatest of all time.

Brooker argued that it was his idea to use the theme based on Bach's "Air on the G String" that Fisher played on the track, and that he was unable to make his case properly because Fisher did not tell him he was pursuing his legal claim.

Brooker, who still tours with the band, said he and lyricist Keith Reid wrote the song before Fisher joined the band in March 1967.

The two had called Fisher's earlier court victory a dangerous precedent, saying it meant any musician who had played on any recording in the past four decades could claim joint authorship.

The judge rejected Fisher's claim for an estimated $2 million in back royalties.

Mummery said the issue of who will pay legal costs will be decided later, as well as whether Fisher can appeal the decision to the House of Lords, Britain's highest court.

In December, a judge awarded the classically trained Fisher a 40 percent share in the copyright of the song, saying his organ solo was "a distinctive and significant contribution to the overall composition."

"A Whiter Shade of Pale," famous for its cryptic lyrics _ "We skipped the light fandango, turned cartwheels 'cross the floor" _ topped the British charts for five weeks in 1967 and was a top five hit in the U.S.


 
 

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- slobone See Profile I'm a Fan of slobone permalink

I think the biggest shockeroo in this story is that he's still touring with the band. Forty years later and he's still singing the same friggin song? Move on dude...

    Favorite    Flag as abusive Posted 11:38 PM on 04/04/2008
- liberalsrheros See Profile I'm a Fan of liberalsrheros permalink

what great thing have you created DUUUUUDE?

    Favorite    Flag as abusive Posted 08:15 AM on 04/05/2008
- slobone See Profile I'm a Fan of slobone permalink

Oh yeah that's a really intelligent comment.

    Favorite    Flag as abusive Posted 09:10 PM on 04/10/2008
- monsieurjac See Profile I'm a Fan of monsieurjac permalink

The fact is that Matthew Fisher gave Gary Brooker the biggest money lick in the history
of rock music, second only (maybe) to the guitar lick on Roy Orbison's "Pretty Woman".
Have you heard "A Whiter Shade Of Pale" without the organ lick ? Boring ! The organ refrain makes you want to hear the record again and again. The one refrain that Gary wishes he'd written himself.
So he told Matthew to come up with something that sounded like Bach, but the genius of it is that it does and it doesn't at the same time, thus the brilliance of Fisher's creation.
The reason Matthew Fisher sued last year was because of Ringtones. When you buy the AWSOP
Ringtone the only thing you hear is Mathew's organ intro and then it stops. That organ figure is the signature line of the song and it helped the record sell millions through the years.
Gary Brooker and Keith Reid should've given him 10% or something when he asked them many years ago, but they didn't. So he tried again when the Rintones question came up.
It's a sad story because what these lads should be doing right now is sitting at a pub reminiscing over some pints of Guinness at what a great record they made back in '67. A record that has lasted all these years because of Gary's great vocal, Keith's fine lyrics and Mathew's haunting organ part.

    Favorite    Flag as abusive Posted 05:57 PM on 04/04/2008
- castlerider See Profile I'm a Fan of castlerider permalink


I have to agree with you, sir. The the man who played and came up with that great organ part does deserve a minimum 10%. I'm surprised the judge didn't come up with the idea...
I had a girlfriend who loved that song so much, she would come to tears every time she heard it. It's amazing the depth of emotions music can muster in us. We humans with our frailties, often don't compare... I guess it's the timelessness thing.

    Favorite    Flag as abusive Posted 03:11 PM on 04/06/2008
- InternationalObserver See Profile I'm a Fan of InternationalObserver permalink

Yeah, I think the court got it right the FIRST time too. Brooker and Reid may well have written the song before Fisher joined the group BUT it was Fisher who came up with the organ riff that made it a HIT. Anyone who know the Music Biz will know why Fisher took so long to do anything about it. 40% may have been too much, but he is owed something. The Appeals Court is clueless.

Gary Brooker and Keith Reid SUCK!!

    Favorite    Flag as abusive Posted 01:26 AM on 04/05/2008
- auramac See Profile I'm a Fan of auramac permalink

I think Bach deserves some money, too...

    Favorite    Flag as abusive Posted 01:54 PM on 04/04/2008
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