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   Web Issue 3319 December 1 2008   
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Procol Harum singer skips the light fandango after royalties win

Life became rosier for rock star Gary Brooker yesterday after he won back full royalty rights to his worldwide hit A Whiter Shade Of Pale.

The lead singer of Procol Harum has led a comfortable existence since the song was released in 1967.

But in 2005, Matthew Fisher, who contributed the haunting organ theme to the song, claimed his contribution meant he should receive a share of the royalties.

A High Court judge awarded him 40% of the musical copyright in 2006, but yesterday the Court of Appeal reversed the ruling.

By a majority of two to one they said Fisher could claim co-authorship, but should not receive any money from the song that sold millions and became the most played record in British broadcasting.

Lord Justice Mummery, in the appeal ruling, said Fisher was "guilty of excessive and inexcusable delay in asserting his claim".

Brooker, 62, from Dunsfold, Surrey, said "This claim has been a great strain upon myself and my family.

"I believe the original trial was unfair and the results wrong. Justly, the decisions of the Court of Appeal have gone some way to putting this right and I would hope that now we can all get on with our lives."

Simon Platz, managing director of Onward Music Ltd, which exploits the song and was the second defendant in the action, said: "Hopefully this decision will also stop spurious claims in future."

Fisher's solicitor Mike Shepherd said his client had applied for permission to appeal to the House of Lords.

"Matthew is happy that he has been recognised as co-author of the song. He wasn't bringing the case for the money. It was about having his name on the song, which he is entitled to do now. But he is not entitled to any royalties even though he co-wrote it."

A Whiter Shade of Pale has earned the status of an enduring classic and still earns substantial royalties for the owners of the copyright - Brooker and the lyric writer Keith Reid.

Brooker, who still fronts Procol Harum, is fighting with Fisher over who should pay the estimated £500,000 legal costs. The appeal judges will make a decision at a later date.

Lord Justice Mummery said A Whiter Shade of Pale "is placed high in lists of the greatest songs of all time" and had achieved cult status.

He said the song had been exploited since it first became a hit 40 years ago on the understanding Brooker wrote the music.

But in May 2005, Fisher, a member of Procol Harum between 1967 and 1969, began his case that he composed a significant part of the music.

Lord Justice Mummery said the High Court judge was right to find that Fisher made a creative contribution to the work and to grant a declaration of co-authorship.

But he said it was wrong to allow Fisher a share of the earnings from the musical copyright.

His delay in making the claim "made it unconscionable and inequitable for him to seek to exercise control over the commercial exploitation of the copyright in the work".


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