Dirk Star
Group: Members
Posts: 1331
Joined: Sep. 2007 |
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Posted: Aug. 03 2009, 08:42 |
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| Quote (Major Gowen @ Jan. 14 2009, 02:08) | |
| Quote | | Of course the band’s name recently seems to have become a byword for litigation and court cases over the songwriting credits on A Whiter Shade Of Pale, |
A few months ago Captain Sensible wrote the following blog below in relation to that "litigation".You might say that there have been a few developments since then..
2008....
He turned 'A Whiter Shade Of Pale'
It is with dismay that I read the other day that my old chum Matthew Fisher, former organist of prog rockers Procul Harum has lost his claim for a share of the royalties on 'A Whiter Shade Of Pale' from the bands singer Gary Brooker at the Court Of Appeal in London.
When I started my solo 'pop' career in the 80s it was 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 virtuosic one from the word go. I found we had 2 important things in common - first he was a bit.... well, weird and wonderful I suppose sums him up. And 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 the publishing situation over THAT SONG would occasionally rear it's ugly head. I wouldn't exactly say he was bitter, more hurt that his former colleague would not consent to his name being added to the song-writing credits - for anyone who has heard this song (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 it's mumbo jumbo, druggy sounding lyrics about nothing much in particular.
Now 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... kerching, 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'. Which really ought to be 'case proven M'lud' - but unfortunately Lord Justice Mummery (a right groover no doubt) decided that even though Matthew's name has now been 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 - but commence the popping of champaign corks over at the chambers of Messrs Sue, Grabbit and Runne.
But I'm not sure there's TOO much likelihood 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 - I believe 'A Whiter Shade Of Pale' to be a utterly unique case as the organ melody does more than embellish the piece, it raises and enhances the song out of all recognition to what it must have been before 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 DO 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
JULY 2009..........
Hi Everyone
Just in case you hadn't heard the news, the House of Lords have reversed the strange ruling of Lord Justice Mummery (in the Court of Appeal), who seemed
to be unaware that there is no statute of limitations on intellectual
property.
As a result my copyright in A Whiter Shade of Pale is now alive and well, and should be
earning me a modest pension for the foreseeable future.
I thank you all for your support and encouragement.
Best wishes - Maf
To be perfectley honest I can`t say I agree with Sensible on this one,and imo the "justice system" may well have opened up the floodgates here.What I will say in defence of Cap though is at least he practises what he preaches.In that his own compositions for The Damned are nearly always "copyrighted" to every member of the band at the time.That said you have to wonder where this kind of decision may lead us to?
What if George Harrison had borne a grudge for instance for "giving away" some of his guitar riffs to some Lennon & McCartney compostions?Or also just thinking about some of the Pink Floyd/Roger Waters songs I guess,a number of which Waters is supposedly not even playing on at all.I mean obviously in comparison all those guys were very well off,and probably the thought of "unfair royalties" or whatever never entered their heads anyway.For the maybe not so wealthy though?Or for those people sat there slightly bitter about it all down on Wasted Heroin Chic Trailer Park?..Well yeah we`re possibly looking at a powder-keg goldmine here waiting to go off.Can`t say I`ve heard much about Spandau Ballet since they reportadly buried all their differneces and got back together.Just who really owns the rights to all those wonderful trousers they used to wear?
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