The bitter legal battle over one of the anthems of the Summer of Love of
1967 has returned to the courts.
Rock
star Gary Brooker is trying to reverse a High Court ruling that the organist
who played the haunting theme on his massive worldwide hit, A Whiter
Shade of Pale, is entitled to part of the copyright.
Matthew Fisher, 60, sued the leader of the group Procol Harum nearly 40
years after he recorded the song that sold 10 million copies.
John Baldwin QC, representing Brooker, told three judges at the Court of
Appeal that Mr Fisher had failed to take the case to court earlier because
he knew it would be the end of his career with the group.
He said: "There are advantages in being a pop star. Girls wink at you. There
are huge lifestyle benefits from being a pop star and this was Mr Fisher's
dream. And he realised that dream over the last 40 years."
Mr Baldwin added: "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 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 chose not to make the claim because it suited him to continue with the
band."
He said this had resulted in an unfair trial with Mr Brooker unable to
produce evidence to show it was his idea to use the Bach theme employed on
the record.
Mr Justice Blackburne ruled in January this year that Mr Fisher is entitled
to a 40% share of the musical copyright. The case continues.