Key ruling in organ court case

In a judgment that could have profound consequences for the music business, the organist on the 1967 Procol Harum record won the right for a share of the song's royalties. Gary Brooker, the band's singer and co-founder who had contested the action, said the decision represented a "darker shade of black" for the music industry.

Matthew Fisher, 60, who played the Hammond organ on the record that has since sold 6m copies, claimed that the distinctive opening bars of the song, which he had provided with some inspiration from JS Bach, should have entitled him to joint authorship, along with Brooker and the lyricist, Keith Reid. Mr Justice Blackburne, who heard six days of evidence from both sides last month, ruled that Mr Fisher's contribution entitled him to 40% of the composing half of the royalties, but back-dated only until May 2005, when he began his legal action.

From today's Guardian - now read how Culture is remix
Any copyrighted material on these pages is included as "fair use", for the purpose of study, review or critical analysis only, and will be removed at the request of copyright owner(s). Report broken links, missing images and other errors to - overgrownpath at hotmail dot co dot uk

Comments

Post a Comment

Recent popular posts

All you need is weirdness

Image
Thomas Wolfe wrote how humanity is often "touched by that dark miracle of chance which makes new magic in a dusty world".  One manifestation of that dark miracle is ' crazy wisdom '. This is found in Buddhism and Taoism, and crazy wisdom inspired the insights and teachings of the most radical masters of the these wisdom traditions. In his underground classic The Essential Crazy Wisdom irreverent radio personality and Buddhism-inflected stand-up comedian Wes 'Scoop' Nisker explained that crazy wisdom reveals that we live in a world of many illusions , that the emperor has no clothes , and that much of human belief and behaviour is ritualized nonsense . Tantric rituals are one of many ways of harnessing this essential new magic, and Philip Glass' endorsement of tantra in  his Foreword to Lama Yeshe's seminal Introduction to Tantra provides a bridge from the weirdness of crazy wisdom to the world of creativity. Scientific support for the impo...
Read more

The composer without a shadow?

Image
If you want to start a fascinating thread write about Leonard Bernstein's Mass . Here are some comments from my most recent Mass post : Movie commented - It's not a dishonest piece and I think it still works today . I commented - But what are examples of dishonest pieces of music? Pentimento commented - I'd say much of Strauss's oeuvre is dishonest. I couldn't live without Metamorphosen , Capriccio or the wind concertos, and one of my most memorable, and disturbing, evenings in the opera house was Hildegard Behrens singing the title role in Salome with Karajan and the Vienna Philharmonic at the 1977 Salzburg Festival . But, despite that, you may be right Pentimento. Which leaves me with only one possible back link - Herbert von Karajan Ein Heldenleben Sorry I cannot credit the lovely portrait of Richard Strauss (I do hope you meant Richard and not Johann, Pentimento), but I do not know who it is by. It comes from Ferdinand Von Galitzien's blog . Help with ...
Read more

Lord of the Lies

Image
That image comes from Peter Brook's masterly 1963 screen adaption of William Golding's novel Lord of the Flies . Frustrated viewers of BBC TV's recent dismal serialised version of the novel may have switched to the 1963 adaption and been entranced by the haunting Kyrie Eleison soundtrack theme, as well as the genius of Peter Brook's cinematography. If those viewers then asked the Google AI agent about the music, they would receive the response seen below. At the time of writing this post, the Google AI agent states "While the film's official credits attribute the music to Raymond Leppard, the primary "Kyrie" theme used throughout the movie was actually composed by Sir Malcolm Arnold". Which is wrong: Sir Malcolm composed many great movie soundtracks , but Lord of the Flies was not one of them. Articles elsewhere online correctly reference my 2008 article about Raymond Leppard's score , and, if anyone still believes Google's AI a...
Read more

Those are my principles....

Image
Norman Lebrecht: Slipped Disc and   Lebrecht Weekly, 12/05/2023   "Why I cannot, in good conscience, review this record I cannot, in all conscience, give this recording a star rating, or even a detailed review. The soloist is Elisabeth Leonskaja, a legendary pianist whose introspections are perhaps the strongest living reminder of her late friend Sviatoslav Richter....Christian Thielemann, in the recent film ‘Music under the Swastika’, claimed that Wilhelm Furtwängler’s complicity in the Third Reich was justified by his legacy of extraordinary recordings.  Leonskaya’s presence in Putin’s Russia is not dissimilar. What are we to make of them?... The performances, per se, have nothing to do with the present situation. And yet, everything.I cannot review them". . ..and if you don't like my principles... well, I have others . Norman Lebrecht: Slipped Disc , 19/11/2025 "The Muziekgebouw in Eindhoven has cancelled a December 4 concert by the Russian-Georgian Jewish pia...
Read more

The purpose of puffery and closed-mindedness

Image
Two contrasting responses from America to my post Third rate music on Naxos' American classics? Flinging merde - ' Granted some of the stuff that Naxos has packaged in that series has been less than distinguished but operating in a cultural establishment where critics treat every cow patty ever dropped by the likes of Alwyn (above) and Bax and Finzi and Michael Tippitt (sic) as if it were fois gras, Clements is hardly in a position to fling merde' - from Sequenza21 , and I'm sure Norman Lebrecht would approve of that misspelling of Tippett. The true beauty of the effort - ' Personally speaking I expect listener reaction to concert music is heavily dependent on emotional mood and cultural/historical context . The concept of "ratings" and "tiers" for composers is pretty much an over-rated specialization of critics, which serves the purpose of puffery and closed-mindedness. My father is the American composer George Frederick McKay (photo be...
Read more

They collected the entire back catalogue of Leonard Bernstein

Image
Recent posts here highlighted Lance Richardson's masterly new biography of Peter Matthiesen . Also by Lance Richardson is House of Nutter , which tells the true story of Saville Row tailor extraordinaire and gay icon Tommy Nutter and his photographer brother David . Here is a brief extract from the biography: In part to inoculate themselves against their father, Tommy and David combined their powers of invention. They treated the walls of their shared bedroom with shocks of coloured paint. They built a faux fireplace from scavenged bricks and sculptures out of tin film containers threaded with wire. They sliced out pages from Marie Claire, Paris Match, and made a giant photo mural that juxtaposed Brigitte Bardot with African tribal dancers. They collected the entire back catalogue of Leonard Bernstein, which they blared on a portable radiogram.  That is very-well-dressed Tommy above, and the not-so-well-dressed David below. My encounter with the ambiguous Leonard Bernstein was...
Read more

The end of innocence

Image
In 1963 an English teacher, who considered passion more important than protocol, smuggled me and a few of his other 14 year old students into a cinema to see a '16' rated film. The newly-released Lord of the Flies was directed by Peter Brook and filmed on a very low budget. It brilliantly transferred William Golding's novel, which we were studying for 'O' Level English, to the screen, and went on to become a classic of the cinema. The DVD of Lord of the Flies , which restores Tom Hollyman's stunning black and white photography to its original glory (images above and below) , is essential viewing. A bonus on the DVD is the optional commentary by Peter Brook and his production team, which was recorded in 2000. But in the 90 minute commentary there is not one single mention of the music score which, with its repetition of the Kyrie Eleison motif, is an integral part of the film. The music for Lord of the Flies was written by Raymond Leppard. It is his best kn...
Read more

Third rate music on Naxos' American Classics?

Image
I'll be interested in American readers' reactions to the start of this review by the Guardian's Andrew Clements - ' Considering how much third-rate music has been included in Naxos's American Classics series, Elliott Carter has so far been poorly served by the budget-price label. But in the year of the composer's 100th birthday, this - the first of two discs that will include all five of Carter's string quartets - could be the start of a major addition to his discography.' Andrew Clements then goes on to write a glowing five-star review of Naxos' new CD of Elliott Carter's String Quartets Nos 1 and 5 performed by the Pacifica Quartet . I'll agree whole-heartedly with his verdict on the Carter Quartets, I bought them last week and they are superb performances of superb music. But I am not so sure about his other views. That judgement of 'third-rate music' raises the interesting point of should a critic focus primarily on the interpr...
Read more

Pushing the classical music envelope

Image
'In his short life and his art, the French Canadian composer Claude Vivier was a man diving, often recklessly, into the ultimate…. And from the edge of experience, he began to bring back, in the years leading up to his death in 1983, a new sound.' – Paul Griffiths , The New York Times I recently asked Who is pushing the classical envelope? My header photo shows a little-known figure who certainly pushed the classical music envelope and in the process created a new sound world that is ripe for rediscovery. Claude Vivier, was born to unknown parents in Montreal in 1948. After adoption his education prepare him for the priesthood until he was expelled from his seminary for "immature behaviour". But his religious training had awakened another vocation and he went on to study music, first in Montreal and then in Europe where his teachers included Karlheinz Stockhausen . In 1976 Vivier visited Japan, Bali and other Eastern countries and their musical traditions influenc...
Read more

Gentlemen, old Bach is here....

Image
One Sunday evening in the spring of his seventh year as king, as his musicians were gathering for the evening concert, a courtier brought Frederick the Great his usual list of arrivals at the town gate. As he looked down the list of names, he gave a start. "Gentlemen," he said, "old Bach is here." Those who heard him said there was "a kind of agitation" in his voice. These are the opening words of James Gaines' new book. Bach's compositions are well documented in a wealth of excellent recordings, and there are many scholarly books on his life and work, starting with Albert Schweitzer's seminal biography which was first published in French in 1905. But to date the Bach literature has lacked a really accessible book that makes the man, as opposed to his music, come to life. Now we have Evening in the Palace of Reason . This follows the lives of J.S.Bach and Frederick the Great in parallel and culminates in their meeting in Potsdam. This resul...
Read more