Procol HarumBeyond
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It is with dismay that I read the other day that my old chum Matthew Fisher,
former organist of prog rockers Procol Harum has lost his claim to a share of
the royalties on A Whiter Shade of Pale from the band’s singer Gary
Brooker at the Court of Appeal in London.
When
I started my solo “pop” career in the ’80s it was in Matthew’s studio just up
the road from my humble abode in Croydon that I commenced recording in, striking
up a great working relationship with the virtuoso from the word go. I found we
had two important things in common: first, he was a bit…well…weird and wonderful
I suppose sums him up. Second, and more importantly, we both liked a beer…or
twelve.
And it would be during the odd recreational break in the proceedings that his
discontent with that song’s publishing situation would occasionally rear its
ugly head. I wouldn’t exactly say he was bitter – more hurt, really – that his
former colleague would not consent to his name being added to the song-writing
credits. Anybody who has heard A Whiter Shade of Pale (is there anyone
who hasn’t, I wonder?) would have to agree that it is Fisher’s beautiful flowing
Hammond organ lines that have made the tune so phenomenally successful over the
years…and not the somewhat forgettable original song with its mumbo jumbo,
druggy sounding lyrics about nothing much in particular.
Everyone who has ever been in a band knows how thorny a subject publishing
credits can become, and indeed Brooker fought tooth and nail throughout the long
and costly trial (£500,000…kaching, another nice fat payday for the bloke in the
wig) to persuade the court that it was solely his genius as a tunesmith that had
propelled the hit single into music history – but I have to say I don’t have the
titles of any of his other pop sensations on the tip of my tongue…do you?
No,
for me the swirling Hammond is the song; in fact if you ask the man in the
street how the tune goes, they will instantly sing you the organ line, and not
the old waffle about dancing “fandangos” with “vestal virgins”. Unfortunately,
Lord Justice Mummery (a right groover no doubt) decided that even though
Matthew’s name would now be rightfully included as a songwriter, he would leave
the royalty situation as it was when the record was released in 1967 – a bizarre
anomaly, I think you’ll agree. And with the record having been a staple of
classic hits radio the World over ever since then, you can imagine that the sums
of money we are talking about here are pretty colossal.
But lawyers say some funny stuff to back up their cases don’t they? Brooker’s
were coming out with stuff like, “well, if you judge in favour of Mr Fisher in
this case then every session musician who ever played on a bestseller would be
thumbing through the Yellow Pages to find a legal team to sue for a share of the
publishing of that record”…a scenario that would of course cause chaos in
“showbiz” circles – and commence the popping of champagne corks over at the
chambers of Messrs Sue, Grabbit and Runne.
Although I’m not sure it’s too likely that all those former school-kid singers
on Another Brick in the Wall will be demanding their share of Roger
Water’s earnings because – going back to the song in question – A Whiter
Shade of Pale is an utterly unique case. The organ melody does more than
embellish the piece; it transcends and enhances the song out of all recognition,
and I reckon my mate Matthew should be given his long overdue slice of the not
inconsiderable cake forthwith!
The fact that the fabulously melodic organ lines in question also owe more than
the odd nod to the works of Johan Sebastian Bach is neither here or there as he
is no longer around these days to stake a claim for his cut of the
proceeds…ahem.
Pip pip,
Captain S
Read more from the Captain on this subject
here ... and his blog
is here
More about the AWSoP lawsuit
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