Procul Harum keyboardist Matthew Fisher has won 40 per cent copyright of the group's 1967 hit 'A Whiter Shade Of Pale' in a written ruling at London's High Court.
Fisher wrote the distinctive organ section of the song, and so argued that he was entitled to joint ownership along with principal songwriter and lead singer Gary Brooker.The decision applies only to the song's future earnings, with Judge William Blackburne rejecting Fisher's claim to past royalties, noting that the keyboardist had surrendered those rights after waiting 40 years to lodge the suit.
Brooker was dismayed at the decision, arguing that the judge had set a dangerous precedent. His lawyers said in a statement, "The repercussions of this decision are so far-reaching that any musician who has ever played on any recording in the last 40 years may now have a potential claim of joint authorship.
"It is effectively open season on the songwriter ... This creates a ticking time bomb ready to explode whenever the musician chooses and when, possibly, material witnesses have passed away."
In explaining his decision, Judge Blackburne noted, "I find that the organ solo is a distinctive and significant contribution to the overall composition and, quite obviously, the product of skill and labor on the part of the person who created it."
