The legal battle over one of the anthems of 1967 has returned to court.
Gary
Brooker is trying to reverse a High Court ruling that the organist who
played the theme on his hit A Whiter Shade of Pale is entitled to
part of the copyright.
Matthew Fisher, 60, sued the Procol Harum leader nearly 40 years after he
recorded the song.
Today (Wednesday) John Baldwin QC, representing Brooker, told the Court of
Appeal Mr Fisher didn't take the case to court earlier because he knew it
would be the end of his career with the group.
He said: "He continued playing with Procol Harum then claimed a share of the
copyright without alerting Brooker or the record company to the fact that he
was keeping his claim up with the result that they could not prepare
themselves to meet the claim."
He said this resulted in an unfair trial with Mr Brooker unable to produce
evidence to show it was his idea to use the Bach theme.
In January a judge ruled Mr Fisher is entitled to a 40 per cent share of the
musical copyright. Fisher had claimed a half share from Brooker.
He was awarded the lesser amount because the judge found that although the
Fisher contribution was "substantial", it wasn't as substantial as the
singer's was.
The judges were told that the delay in bringing the action is "plainly very
long".
A fair trial was impossible because many critical witnesses were dead.
Vital evidence – including Mr Brooker's original tape of the song which
included his own attempt at a Bach theme – had been lost.
The hearing was adjourned until tomorrow (Thursday).