The 'Whiter Shade of Pale' dispute isn't over yet

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Ex-Procol Harum member Matthew Fisher has taken copyright row to Law Lords Lawyers involved in the case say it is the first time that the Law Lords, who sit at the House of Lords, have been asked to decide on a copyright dispute involving a rock song.
Procol Harum's massive worldwide hit of 1967 became the subject of a long-running legal dispute when Matthew Fisher, the former organist with the group, claimed he was entitled to a share of royalties from the song, named the most played tune in British public places over the past 70 years.
He has now asked the Law Lords to make a final decision after the Court of Appeal overturned a High Court ruling that he was entitled to 40% of the royalties.
The two-day hearing will also set wide-ranging guidelines for how long a person can wait before bringing any case to court. Mr Fisher waited 38 years.
The copyright to the song is currently owned by Procol Harum frontman Gary Brooker, who wrote the music, and lyricist Keith Reid.
Fisher claims that he wrote the haunting organ melody closely identified with the song, eight bars based on Bach's Air on a G String and Sleepers Awake, and is entitled to a share of copyright and royalties.
He began legal proceedings in the High Court three years ago but eventually lost because he had waited 38 years to bring his case.
Brooker says that he wrote the song exclusively, composing on the piano the famous eight bars at the centre of the dispute. He said the contributions from Fisher were only to its arrangement for recording.
Lawrence Abramson, partner at solicitors Harbottle and Lewis, who represent Brooker, said that if the Law Lords overturned the Court of Appeal ruling, the implications for the music industry would be severe. He said it would open up the prospect of countless claims from musicians who felt their contribution to a song had been overlooked in some way, regardless of past contracts.

Printed from http://uk.news.yahoo.com/21/20090422/tuk-song-copyright-row-hits-top-court-6323e80.html

Wow...I didn't know this was happenning...it's an awesome organ line, probably one of the most recognizable.

I wonder what JS Bach would think about it.

It has truly been covered by many bands out there.

I dont feel the decision will be overturned. This is why people need to cover everybase when entering a contract, no matter how good you feel your friendship is or how honorable you feel your partners are.

38 years later is a long time to wait to file a suit. There has to be a Statute of Limitations set. The only time I feel there should never be a limitation is with murder, and I hardly think creative inspirations falls under something like that.

It took 38 years to get to this point,,,that is too long. Magic is right all these kinds of things have to be sorted when you are part of any group that stands to profit while they are working together. I agree that JS Bach and numerous other legendary composer's would be laughing about this frivolous lawsuit if they were alive today.

Yea, why does he even have a chance to sue? He waited so long? It shouldn't even been in the courts to be honest.

The music business is a cruel and shallow money trench, a long plastic hallway where thieves and pimps run free, and good men die like dogs. Theres also a negative side.

Hunter S. Thompson

Remember the lawsuit against George Harrison saying the "My Sweet Lord" music was copied from The Chiffons' hit "He's So Fine".

billtjr51 wrote:

Remember the lawsuit against George Harrison saying the "My Sweet Lord" music was copied from The Chiffons' hit "He's So Fine".

Vaguely - I guess George had to pay up, before they passed away (or at least I guess his estate would have had to pay up)?

But really it's pretty sad when people do this just because their short for a few bucks! :-( Del Shannon could have sued Elton John for his falsetto bit in Crocodile Rock, but to my knowledge didn't.