The musician who played the famous organ introduction to the 1967 hit song A Whiter Shade of Pale was not entitled to a share of the royalties because he failed to stake any claim at the time, a court heard yesterday.
A "killer point" against him was that he had failed to raise the matter for
nearly 40 years, the court was told, and had given the impression that he
accepted the arrangement.
Matthew Fisher, the organist with Procol Harum from 1965 to 1967 [sic] , claims that he is entitled to a share of the writing credits with the band's singer, Gary Brooker, and lyricist Keith Reid. They argue that he has no such entitlement.
"He may have grumbled about it in various newspaper interviews," said Andrew
Sutcliffe QC, for Mr Brooker, at yesterday's high court hearing, "but he never
raised the matter fairly and squarely."
Mr Sutcliffe also argued that the song had been written by Mr Brooker and Mr Reid when Mr Fisher joined the band. Mr Fisher had only told Mr Brooker he was unhappy about not being credited in 2003, just before they were due to tour in Japan.
The case was adjourned until Friday.
More about the AWSoP lawsuit