Dec 20, 2006: ‘Whiter Shade’ Songwriter Wins Lawsuit
by Best Classic Bands Staff
It was the debut single by the band Procol Harum topping the U.K. pop charts for six weeks in 1967 and hitting #5 in the U.S., becoming one of the signature songs of the “Summer of Love” and an all-time classic rock favorite.
Matthew Fisher, a founding member and the organist of Procol Harum, won a High Court lawsuit over who wrote “A Whiter Shade of Pale.” He played organ on the 1967 recording of the hit, long credited to lead singer Gary Brooker and lyricist Keith Reid, and argued he wrote the distinctive organ melody. On December 20, 2006, Justice William Blackburne ruled he was entitled to 40 percent of the copyright. Fisher had wanted half but the court decided lead singer Gary Brooker’s input was more substantial.
Decades after “A Whiter Shade of Pale” was released, it became the subject of a lawsuit
“A Whiter Shade of Pale” is said to have sold over 10 million copies worldwide, officially named the most played recording of the past 70 years on the BBC. Fisher’s claim for payment of back royalties – of up to £1m – was also rejected. He was awarded his part of any future earnings.
However, on April 4, 2008, a Court of Appeal, while upholding Fisher’s co-authorship, ruled that he had taken too long to bring his claim case to court and full royalty rights remained with Brooker. The following, Fisher appealed that decision to the House of Lords. On July 30, 2009, the Lords ruled in Fisher’s favor, noting that there was no time limits on copyright claims under English law, and the right to future royalties returned to him.
In 1998, “A Whiter Shade of Pale” was inducted into the Grammy Hall of Fame. “This was never about money. There will not be a lot of that anyway,” Fisher later noted. “But this was about making sure everyone knew about my part in the authorship.”
Related: Our look back at Procol Harum’s huge hit
Though the band continued to sell albums with subsequent releases, Procol Harum’s only other significant U.S. pop hit was 1972’s “Conquistador.” Procol Harum—with Brooker the only remaining member from the early years—continued to perform for decades, but for most rock fans they will forever remain indelibly associated with “A Whiter Shade of Pale.” He died in 2022 at age 76.
Many of the band’s recordings are available in the U.S. here and in the U.K. here.
2 Comments so far
Jump into a conversationa book needs to be written about the history of rock/soul/country music publishing rip-offs. Alan Price of the Animals managed to get the publishing credit for the old folk/blues “House Of The Rising Sun……the rest of the band found out later…….
if fisher gets songwriter credit, then george harrison wrote over half of the beatles songs… and HE didn’t steal any melodies…