Here is an interesting bit of news from the world of '60's rock. One of the all-time great songs from a very good band.


Appeal in `A Whiter Shade of Pale' case 2 hours, 48 minutes ago



The lead singer of British band Procol Harum is appealing a judgment awarding the group's former organist 40 percent of the royalties from their iconic hit "A Whiter Shade of Pale."

Gary Brooker argues that it was his idea to use the Bach theme played by organist Matthew Fisher on the record, and that he was unable to make his case properly because Fisher didn't tell him he was pursuing his legal claim.

Fisher, 61, sued the leader of Procol Harum nearly 40 years after he recorded the song, saying he was entitled to both credit and royalties.

On Wednesday, Brooker's lawyer charged that Fisher had waited until May 2005 to begin court proceedings because he wanted to enjoy the life of a pop star and knew that a lawsuit would end his career with the band.

"There are advantages in being a pop star. Girls wink at you," attorney John Baldwin said. "There are huge lifestyle benefits from being a pop star and this was Mr. Fisher's dream, and he realized that dream over the last 40 years."

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

Brooker has said that he and lyricist Keith Reid wrote the song before Fisher joined the band in March 1967. The two have called Fisher's 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.

"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 5 hit in the U.S.

Rolling Stone magazine has ranked it 57th in a list of the 500 greatest songs of all time.

Fisher, now a computer programmer living in south London, left the band in 1969. Brooker, 62, still tours with Procol Harum.




Copyright © 2007 The Associated Press.

Thanks for posting this. Such a great song.

A great song, and the first band I really found and loved. The Beatles, Zep and Stones were all over the radio, but in the States you had to dig a bit to find Procol Harum in the early-mid 70s.

It could set a huge legal precedent.

Two things I find odd:

1. He waited 40 years, and though he left the band in 1969 or so, he came back and played with them a few times afterward. You'd think if he really wanted to make a claim, it would have happened earlier.

2. The organ part is a rip-off of Bach, which is not copyrighted and can be used by anyone. They just re-arranged it. I'm not sure that is songwriting.

It will continue to be an interesting case to watch.

Will the Estate of John Entwistle come back and claim he was due money for his bass line in My Generation? The possibilities are endless....

yeah, very interesting case indeed.
i'm not sure how impressive the "he wanted to enjoy the life of a pop star" argument is,
or the "dangerous precedent" argument either. still, the concept of songwriting credits has changed a lot,
even since the 60s, and getting too retroactive with current concepts is also mighty iffy.

Wonder if Mick Taylor and/or Bill Wyman fancy their chances?? ;-)

This ruling is patently ridiculous and outrageous. This is, indeed, a huge precedent and opens up the question of partial song-writing credits to countless musicians. The losing attorney was an imbecile and the judge is insane.

neither side was particularly happy with the ruling, if i recall right:
Fisher wasn't awarded any share in past royalties, was he?
maybe that's meant to deter too many people from pressing similar suits ...

I find it curious that, as someone earlier said, Matthew Fisher waited until now to take action. Even just a few years ago he was occasionally performing with Gary Brooker and Procol Harum. He must be desperate for money or something. Andy, yes, if this ruling stands, every person who had even a marginal role in a money-making hit song will be suing for royalties.

Too bad. They were such a great band, especially in concert. The lineup that included Brooker, Fisher, Robin Trower, and BJ WIlson was incredible. Great talent and creativity.