Lords to rule on pop song royalties

It is believed the case is the first time that the Law Lords, who preside over the highest court in the land, have been asked to decide on a copyright dispute involving a rock song.

Matthew Fisher, former organist with Procol Harum, claims he is entitled to a share of royalties from the 1967 song, named the most played tune in British public places over the past 70 years.

He has now asked the Law Lords to make a final decision after the Court of Appeal overturned a High Court ruling that he was entitled to 40% of the future royalties.

The two-day hearing will also set wide-ranging guidelines for how long a person can wait before bringing any case to court. Mr Fisher waited 38 years.

Iain Purvis QC, representing Fisher, told a panel of five Law Lords headed by Lord Hope that his client had established co-authorship but had not benefited because the Court of Appeal ruled he had waited too long to make his claim. He said the appeal ruling, by a majority of the three judges, was wrong.

Royalties from the song currently go to Procol Harum frontman Gary Brooker, who wrote the music, and lyricist Keith Reid. Brooker, 63, lead singer of Procol Harum, went to the Court of Appeal after Fisher, 61, won a High Court ruling that he was entitled to 40% of the musical copyright, but not the 50% he had claimed.

At the Court of Appeal, Lord Justice Mummery said in a ruling in April last year that Fisher, now a computer programmer from Croydon, south London, was "guilty of excessive and inexcusable delay in asserting his claim" for copyright.

Two of the appeal judges said Fisher was entitled to co-authorship of the song but none of the song's substantial royalties, past or future.

The hearing at the House of Lords is expected to last two days when judgment will be reserved to a later date.