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The Guardian - UK
The Guardian - UK
Entertainment
Duncan Campbell

Procol Harum's 'Pale' reflections


The classic UK Number One anthem sold over 10 million copies

The immortal phrase 'a whiter shade of pale' was first uttered in the early hours of the morning at a London party in the 60s, and referred to the complexion of a young woman who was told by her partner that 'you've just gone a whiter shade of pale.' Well, that's according to Mike Butler in Tim de Lisle's entertaining book, Lives of the Great Songs.

This week at court 56 in the High Court in London anyone who has ever wondered what on earth the words mean and how they were written will be entitled to sit and listen as the man who played the organ on Procol Harum's classic 1967 hit, and the man who sang the lyrics, argue over who actually wrote the song. And it's a privilege to be there to hear a classic song deconstructed.

Matthew Fisher, the organist, is claiming that he wrote the memorable organ solo and melody and Gary Brooker, the singer, is claiming that the song was already written by the time Fisher was recruited and all he did was add an accompaniment. So the court case is a wonderful opportunity for anyone interested in the minutiae of pop music to walk down to the Aldwych and take a left turn into memory lane.

All those stoned arguments - well, some of them - can be solved. How did bands recruit in 1967? Through an ad in Melody Maker, of course. Where did they carry out the auditions? At Matthew's mum's house, of course. What was it like on tour? Matthew couldn't stand it and would have been happier at home.

Whose idea were the Bach licks? Matthew Fisher remembered getting a Bach album when he was on holiday with his parents in Paris at the age of 15. "What a memory", said the judge, Mr Justice Blackburne, himself clearly a musician happy to hear about the difference between Mozart and Percy Sledge.

This is an intellectual property claim, part of a long legal history of challenges to the ownership of songs. What's different about this one is the amount of time that has elapsed since the song first appeared and the argument in front of our learned friends. It is due to last a week with evidence from both sides as to how the song evolved.

No one was saying how much in royalties has been made over the years but presumably whoever wins can be expected to turn cartwheels across the floor - with a suitable backing from the Yamaha keyboard set up in court.

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