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Procol Harum ruling is overturned Procol Harum ruling is overturned
(40 minutes later)
Procol Harum lead singer Gary Brooker has won back full royalty rights to the band's worldwide hit, A Whiter Shade of Pale, at London's Court of Appeal.Procol Harum lead singer Gary Brooker has won back full royalty rights to the band's worldwide hit, A Whiter Shade of Pale, at London's Court of Appeal.
The appeal judge's decision overturns a 2006 ruling that organist Matthew Fisher was entitled to a 40% portion of the song's royalties. Lord Justice Mummery's decision overturns a 2006 ruling that organist Matthew Fisher was entitled to a 40% portion of royalties on the 1967 hit.
Mr Fisher had argued that he had written the distinctive organ melody on the 1967 hit. Mr Fisher of Croydon argued he had written the song's organ melody.
The new ruling means he will receive no money from past or future royalties. The judge ruled there was an "excessive delay" in the claim being made - nearly 40 years after the song was recorded.
[Matthew Fisher] silently stood by and acquiesced in the defendant's commercial exploitation of the work for 38 years Lord Justice Mummery
The Court of Appeal agreed that Mr Fisher, of Croydon had contributed the organ theme but ruled that he should, nevertheless, receive no money from past or future royalties.
Lord Justice Mummery said: "Matthew Fisher is guilty of excessive and inexcusable delay in his claim to assert joint title to a joint interest in the work.
"He silently stood by and acquiesced in the defendant's commercial exploitation of the work for 38 years."
In October, the Court of Appeal heard from John Baldwin QC, representing Mr Brooker, who said that Mr Fisher had failed to take the case to court earlier because he knew it would be the end of his career in the group.
Matthew Fisher was accused of 'excessive delay' in bringing the case
"He wanted to stay in the band and live the life of a pop star," Mr Baldwin said.
"Being a litigant was not something he could do alongside that, and he realised what he would have to give up."
He said that Mr Fisher had not alerted Mr Brooker or their record company when he decided to take action, "with the result that they could not prepare themselves to meet the claim".
Mr Baldwin added that this had meant previous proceedings were unfair.