White shade, Blackburne
Peter Groves was first with the BBC news this time, tipping the IPKat off that Matthew Fisher (right), a founding member of 1960s rock group Procol Harum, has won his claim to co-authorship of the group's hit song "A Whiter Shade of Pale". Music expert turned lawyer Mr Justice Blackburne, whose judgment has not yet reached BAILII, ruled he was entitled to 40% of the copyright royalties.
This may seem a pyrrhic victory. First, Fisher wanted half the rights, but the court ruled lead singer Gary Brooker's contribution was more substantial. Secondly his claim for back royalties of up to £1m was dismissed. Thirdly he faces paying a large part of the legal costs, estimated by the BBC report at around £500,000.
Left: Fishers' lawyers singing for their fees ...?
The IPKat says, what happens now is that Fisher and his colleagues sell the right to the movie based on the trial ("A Whiter Shade") and milk the sales of soundtrack and souvenirs to aged fans and groupies for all they're worth. Merpel adds, once sales start tailing off, launch an appeal. Then they can sell the right to the movie sequel ("A Whiter Shade II"), do the whole thing again and hope the dispute gets referred to the European Court of Justice ...
See earlier IPKat post here
Name that duck
Bidding for the right to name Isabel Davies' rubber duck (see earlier IPKat post here) remained at £105. Naming rights have been acquired by Dids McDonald on behalf of ACID (Anti Copying in Design), an organisation that campaigns vigorously for its members and which must have felt quite keenly the lack of attention that the Gowers Review gave to designers and their means of securing protection.
The duck has suffered the indignity of having the autograph of IP celebrity Andrew Gowers scrawled across its bottom. Will Dids come up with something to save its feelings? All will be revealed ...
The IPKat, who likes to play with his duck in the bath, was horrified to get over 12,000 hits when he G**gled 'duck' and 'acid bath' ...
All proceeds to to the Intellectual Property Institute, our nominated charity for all duck-related activities.
Wednesday, 20 December 2006
Posted by Jeremy at 13:07:00