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Organist wins Procol Harum battle | Organist wins Procol Harum battle |
(about 2 hours later) | |
Matthew Fisher, a founding member of 1960s rock group Procol Harum, has won a High Court battle over who wrote their hit song A Whiter Shade of Pale. | Matthew Fisher, a founding member of 1960s rock group Procol Harum, has won a High Court battle over who wrote their hit song A Whiter Shade of Pale. |
He played organ on the 1967 hit and argued he wrote the distinctive organ melody. Mr Justice Blackburne ruled he was entitled to 40% of the copyright. | He played organ on the 1967 hit and argued he wrote the distinctive organ melody. Mr Justice Blackburne ruled he was entitled to 40% of the copyright. |
Fisher, from London, had wanted half but the court decided lead singer Gary Brooker's input was more substantial. | Fisher, from London, had wanted half but the court decided lead singer Gary Brooker's input was more substantial. |
Fisher's claim for back royalties - of up to £1m - was also rejected. | Fisher's claim for back royalties - of up to £1m - was also rejected. |
For almost 40 years, the song has been credited to lead singer Gary Brooker and lyricist Keith Reid. | For almost 40 years, the song has been credited to lead singer Gary Brooker and lyricist Keith Reid. |
If Matthew Fisher's name ends up on my song, then mine can come off Gary Brooker, Procol Harum singer "I find that the organ solo is a distinctive and significant contribution to the overall composition and, quite obviously, the product of skill and labour on the part of the person who created it," the judge said. | |
Now a computer programmer, Fisher said the organ solo was inspired by composer Bach but he also had "his own ideas in his head." | |
The 60-year-old said he made chord changes to the original Brooker sequence and added to the work with a counterpoint to the song melody. | The 60-year-old said he made chord changes to the original Brooker sequence and added to the work with a counterpoint to the song melody. |
Mr Justice Blackburne, who studied both music and law at Cambridge - followed a transcribed music score during the several occasions the song was played in court. | |
Brooker defended his claim to be the sole writer of the tune, which still provides him with royalties - boosted by its recent popularity in the mobile ringtone market. | Brooker defended his claim to be the sole writer of the tune, which still provides him with royalties - boosted by its recent popularity in the mobile ringtone market. |
The singer, who still fronts Procol Harum, faces paying a large part of the legal costs estimated at around £500,000. | The singer, who still fronts Procol Harum, faces paying a large part of the legal costs estimated at around £500,000. |
'Unspoken resentment' | |
In a statement, Brooker said his former bandmate had no right to be credited as a writer of the song: "If Matthew Fisher's name ends up on my song, then mine can come off!" | |
He added: "It's hard to believe that I've worked with somebody on and off since 1967 whilst they hid such unspoken resentment. | |
"I'm relieved the trial is over, but my faith in British justice is shattered." | |
Outside the court, Fisher insisted his case was not about the money, and he said he doubted whether he would ever play the song in public again. | |
He added: "I think I can assume that from now on I'm not going to be on Gary and Keith's Christmas card lists but I think that's a small price to pay for finally securing my rightful place in rock and roll history. | |
"I'd just like to say that it's a great pity that this matter could not have been resolved amicably." | |
The judge granted Brooker permission to appeal. |