From throwing cartwheels to feeling kinda seasick.

Lauterbach, Thorsten

Abstract

Not so long ago, Gazette readers were alerted to the victory by the organist, Matthew Fisher, of 1960s cult band Procol Harum, as High Court judge Blackburne J agreed that his contributions to the classic “ A Whiter Shade of Pale” not only rendered Fisher a joint author of the musical work but also entitled him to a share of 40% of ownership in the work. Also, while Fisher had granted a licence to exploit the work by his actions – or inaction not to assert his claims for 38 years - until 2005, this licence was to be regarded as revoked by him commencing his case in May 005. This would entitle him to a share of future royalties which could be lucrative in particular in respect of the tune's popularity as a mobile ring tone, and it would enable him to at least part-control the exploitation of the work courtesy of his being a joint owner. However, the joy of Mr Fisher proved to be short-lived: recently, Gary Brooker, the band leader and Onward Music Ltd, the right holders, won their appeal in part, the majority of the Court of Appeal siding with them to a significant extent.

Citation

LAUTERBACH, T. 2008. From throwing cartwheels to feeling kinda seasick. Scottish law gazette, 76(3/4), pages 73-76.

• Journal Article Type: Article
• Online Publication Date: Aug 31, 2008
• Publication Date: Aug 31, 2008
• Deposit Date: Feb 16, 2024
• Publicly Available Date: Dec 20, 2024
• Journal: Scottish law gazette
• Print ISSN: 0036-9314
• Publisher: Scottish Law Agents Society
• Peer Reviewed: Peer Reviewed
• Volume: 76
• Issue: 3/4
• Pages: 73-76
• Keywords: Authorship; Copyright; Musical work; Ownership; Royalities
• Public URL: https://rgu-repository.worktribe.com/output/2243444