“He ‘Nicked It From Bach!”: Court Overturns “Whiter Shade Of Pale” Decision

anthonyjmiccio | April 4, 2008 9:45 am

AP8512160139.jpg
An appellate court in Britain has awarded all royalties for “Whiter Shade Of Pale” to Procol Harum singer Gary Brooker, overturning an earlier decision that gave a chunk of royalties to computer programmer Matthew Fisher. Fisher, who played the famous organ solo on “Shade Of Pale,” claimed it was his idea to steal the iconic riff from Bach’s crunk classic “Air On The G String,” and asked for $2 million in past royalties. Despite an initial victory, the court of appeal wondered why Fisher waited until forty years after the song was recorded to say so.

The appeals court agreed Matthew Fisher, who played the haunting organ theme, was entitled to co-authorship but said he will receive no money from past or future royalties.

“For nearly three years this claim has been a great strain upon myself and my family. I believe the original trial was unfair and the results wrong,” Brooker said. “I would hope that now, we can all get on with our lives.”

Lord Justice John Mummery said Fisher was “guilty of excessive and inexcusable delay in asserting his claim.”

Does anyone remember that goofy video for “Pale” starring Harry Dean Stanton that played on VH1 back in the Peter Noone era? It was part of a Deja View, “The Ultimate ’60s Party Video,” a bunch of short films set to sixties jams starring actors like Michael Pare and Bronson Pinchot. I believe Stanton was playing solitaire while a girl was getting married and then somebody died and a ghost was driving the limo or something. It’s sadly not on YouTube.

Star wins “Whiter Shade Of Pale” Appeal [Yahoo! News]