Procol court victory

Front man of band wins rights to hit song

04 April 2008 - Procol Harum founder Gary Brooker has just won his court battle to reclaim full copyright control of the band's most famous hit - A Whiter Shade of Pale.

The rights to the 1967 were discussed at the Court Of Appeal in London.

Back in 2006, London's High Court awarded former keyboard player Matthew Fisher 40 percent of the copyright of the track but it has now been overturned.

Matthew Fisher had argued he had written the song's organ melody but the court ruled there was an "excessive delay" in the claim being made - nearly 40 years after the song was recorded.

The Court of Appeal agreed that Mr Fisher had contributed the organ theme but ruled that he should receive no money from past or future royalties.

"I would hope that now we can all get on with our lives"
Gary Brooker - Front man

Mr Brooker, who still fronts Procol Harum, said in a statement: "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.

"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."

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.

He said: "He wanted to stay in the band and live the life of a pop star.

"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".

Neither Mr Brooker or Mr Fisher were in court to hear this ruling.

A Whiter Shade Of Pale reached Number One in the charts on its release, and was reported to be John Lennon's favourite song of 1967.

The track has sold an estimated 10 million copies worldwide.

Kelly Stooke