Cases

Fisher v Brooker & Onward Music Ltd

Facts

F and B were members of the group Procol Harum in 1967, when it recorded the song 'A Whiter Shade of Pale'. The song became extremely popular, and remains so. F, who played the organ on the song, claimed that his contributions, in particular to the solo that introduces the song, were such that he deserved a share of the musical copyright. B and OM asserted that the passage of time had made a fair trial impossible; denied that F's contribution warranted such an interest; and alternatively relied upon a prior assignment of interests, the terms of the group's recording contract, and the defences of estoppel, acquiescence and laches to defeat any interest.

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