The Procol Harum copyright case is heading for the House Of Lords.
This relates to that much previously reported dispute between Procol Harum frontman Gary Brooker and the band's original keyboardist Matthew Fisher over who wrote the famous organ music that appears in their biggest hit 'A Whiter Shade Of Pale'.
Brooker claims that he and lyricist Keith Reid wrote all of the song, and for nearly four decades that claim went undisputed with the duo receiving all the royalties generated by the track, including those generated by frequent appearances on compilations and more recent success as a ringtone.
But in 2005 Fisher began legal proceedings claiming he wrote the organ bit of the song, arguably the most famous bit, and that he should therefore receive a share of the royalties. Brooker argued Fisher had merely played music he provided, but Fisher countered that he had radically altered Brooker's original score in the studio to create the song's distinct organ melody.
He also claimed that his role in creating the song had previously been recognised by Brooker and Reid, and that there had been a gentleman's agreement that the duo would look after Fisher despite him not being officially credited on the song. That, Fisher said, is why he took no action at the time.
At first instance, the London court found in Fisher's favour, ruling he did write the organ music in the song and that he was therefore due 40% of the money generated by it, albeit only from the point where he filed his initial lawsuit in 2005. Brooker promptly appealed, and earlier this year the appeal court ruled that, while it accepted Fisher did contribute the organ melody to the song, because he had taken so long to make his claim he shouldn't be given any royalties past, present or future.
Fisher is now appealing the appeal and last week was told the House Of Lords would accept his case. Given that Fisher's contribution to the track is no longer of question, the Lords ruling will be interesting because it could set a precedent on how long after the release of a record uncredited contributors can still make a royalty claim. If 38 years is deemed to be an acceptable delay, then presumably any within-a-lifetime claim will be deemed possible.
Confirming the case would now proceed to a second appeal stage, Fisher told reporters last week: "I'm delighted that the House of Lords have decided to take my appeal, and I remain hopeful that my claim will be allowed in full". A schedule for the Lords hearing is tbc.