Captain’s Blog
Captain’s Blog

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 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.

procol harum album coverAnd 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.

Captain Sensible is the guitarist of rabble rousers the Damned who kick started the UK punk scene of 1977 along with the Clash and the Sex Pistols, with whom they shared many a stage. Highly rated examples of the Damned on vinyl are “Damned Damned Damned” and “Machine Gun Etiquette”, the latter of which combined their rifftastic version of punk rock with a generous dollop of pysychedelia–a common theme in Mr. Sensible’s work. Mr. S also had a successful (if unlikely) solo career in the ’80s and toured the USA as a rap artist (I kid you not…) when his single “Wot” found itself high in the Billboard Dance Charts. He recently formed his own political organisation, The Blah! Party, as a direct result of Tony Blair’s warmongering. Captain is still touring with the Damned who are planning some recording soon–so if there’s any labels out there……
www.captainsensible.com

Comments
posted on Apr 8 at 4:23 am
Hi Capt. I understand that it was the 40 year delay in the case being brought to court that resulted in the Judge overturning the ruling. It just goes to show that the best way to split writing credits is across all band members from the very start. I have always written both words and music. However, unless it's a solo project I feel credit should be given to any musician involved that adds to the overall song. It also avoids the many arguements and jealousy's that have contributed to the early demise of many bands once the royalties start coming in. Regards Chris - Crimson Avenue.
posted on Apr 8 at 2:12 pm
I'm inclined to side with the Captain. I don't know the whole story, but I agree completely regarding Fisher's organ playing. Incidentally, Bill Nelson has been fighting with EMI over royalties for years. Apparently the original Be Bop Deluxe line-up has been receiving payment for records with which they were not involved, while he hasn't received anything. Hard to belive, but he makes a good case. You can read more here: http://www.jagshouse.com/music/billnelson.html
posted on Apr 8 at 2:15 pm
That would be *believe* (like that awful Cher song).
posted on Apr 8 at 2:16 pm
There's more to songwriting than "songwriting".
posted on Apr 11 at 3:39 pm
Gary Brooker's comment comes over as denigrating Matthew Fisher as simply a 'session musician'! Not that there aren't amazing session musicians out there... But he was recruited very early on into Procol Harum... and was with the band until '69, writing and co-writing several other songs. The original judgement stated that royalties could be payable only from when Fisher took the case to court. So we're only talking a few years back payments, and a few more future payments.
posted on Apr 12 at 10:12 am
If Booker is so adamant that "he" wrote the song, and doesn't want to give Fisher credit for anything, then why doesn't he just perform it without the organ part? I'd be interesting to see if fans even recognize the song without it.
posted on Apr 13 at 9:56 pm
Gary & Keith WROTE the song before Fisher joined the band. Period. Fisher added a distinctive solo/melody line/hook/whatever to the song. No question. The song sold zillions of copies and Fisher was bitter about not receiving credit for his organ line. Bully for him. Think of all of the many songs written by Lennon & McCartney that had distinctive Harrison contributions (without his receiving songwriting credits); think of all of the other songs by other artists that had distinctive musical licks or vocals contributed by 3rd parties (i.e., non-composers). Had Fisher won this case, it would have resulted in every artist who felt that he/she contributed towards the success of a song suing for songwriting credits.

Bless the judge for having a bit of sense.

Roberta
posted on Apr 14 at 9:02 am
Well said Roberta!
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