ROCK musician Gary Brooker was left A Whiter Shade Of Pale today after losing a High Court battle over the copyright of his massive worldwide hit of 1967.

Mr Justice Blackburne ruled that Matthew Fisher, who played the haunting Hammond organ parts on the Procol Harum record which sold 10million copies, was entitled to a 40% share of the musical copyright.

Fisher, a classically-trained musician who now works as a computer programmer, had claimed a 50% share from Brooker.

The judge rejected Fisher's claim for back royalties, which some sources had estimated at around £1million.

But singer Brooker, who still fronts Procol Harum, faces paying a large part of a legal costs bill estimated at £500,000.

Fisher, 60, claimed his solos and repeated theme were so important to the song's success he should get his share of the continuing royalty income.

The song, voted one of the greatest pop hits of all time, has always been attributed to Brooker, 61, and lyricist Keith Reid, another ex-band member.

Brooker defended his claim to be the sole writer of the tune, which provides him with substantial royalties - boosted recently as it has become a mobile ringtones hit.

Following the ruling, this income will have to be shared with Fisher.

Brooker based his tune on Bach's Air on a G String - which he heard on a Hamlet cigar advert - and Sleepers Awake.