Mexicans of European descent
Notable European Mexicans: Miguel Hidalgo y Costilla[1], Sasha Rionda[2] Ilan Stavans[3], Juana Inés de la Cruz [4], José Yves Limantour[5], Agustin de Iturbide[6]

Mexicans of European descent are generally those of light skin and predominantly European features which are most often associated with Mexico's upper and middle socioeconomic classes, though the larger overall percentage is hidden among the lower-class by the millions. The concept of "white" and race, in general, is defined in Mexico by ancestry and social class as much as it is by biological features. Another group in Mexico, "mestizos" also include people with varying amounts of European ancestry, and there is no clearly defined line between the racial groups of mestizos and güeros.

Europeans began arriving to Mexico with the Spanish conquest of the Aztec Empire, with the descendents of the conquistadors, along with new arrivals from Spain formed an elite. Intermixing would produce a mestizo group which would become the majority by the time of Independence, but power remained firmly in the hands of the elite, called "criollo". While almost all European or Caucasian migration into Mexico during the colonial period was from Iberia, in the 19th and 20th century European and European derived populations from North and South America did immigrate to the country. However, at its height, the total immigrant population in Mexico never exceeded fifty percent of the total. Many of these immigrants came with money to invest and/or ties to allow them to become prominent in business and other aspects of Mexican society, but most either did not stay permanently or mix with Mexican society in general, except for some with the native criollo elite.

Although some would not be considered "white" by U.S. or European standards, there are various features differentiating the facial makeup of individuals. While the concept of race is relatively fluid, with large variation in skin color among mestizos, "white" or "European" looks are still strongly preferred in Mexican society, with lighter skin receiving more positive attention and foreign cultures considered to be "white", such as the United States, receiving deference. Most light-skinned Mexicans aren't from uniform families, as the tones of skin, hair, eyes, and skull vary even within their own immediate families (for example, among the father & mother, brother, sister)

Establishment of a European elite[link]

The main reason for the presence of European-descended people in Mexico is the Spanish conquest of the Aztec Empire in the early 16th century.^[7][8] Hernán Cortés and the conquistadors, with their light skin, brown or blonde hair and light-colored eyes, had never been seen before by the people of Mesoamerica. There are stories that Moctezuma took Cortés to be the return of the God Quetzalcoatl, but this has been disputed. Cortés managed to conquer the Aztecs through a series of alliances with enemy peoples which in the end made the Spanish dominant politically, although a very small minority numerically.^[7][9] Further migration into Mexico from Spain supplemented the numbers of ethnic Europeans during the colonial period.^[9] The conquest and subsequent domination by Europeans was justified by the Spanish as the indigenous were uncivilized and needed to be converted to Christianity. Spanish language and culture was imposed with indigenous ones suppressed.^[7][10]

The Mexican experience mirrors much of that of the rest of Latin America, as attitudes towards race, including identification, were set by the conquistadors and Spanish who came soon after.^[9] Through the colonial period, the Spanish and their descendents, called "criollos", remained vastly outnumbered by the indigenous and "mestizos", or those of mixed Spanish and indigenous parents.^[7][10] To keep power, the Spanish and criollo elite perpetuated the idea of "Spanish" being equivalent to "civilized". The population of Mexico (or New Spain) was organized into a hierarchical class system with those from Spain being the most privileged, followed by criollos, then mestizos than the indigenous. Classification of this system was mostly by race, which was determined mostly by whom one descended from. The system was not completely rigid and elements such as social class and social relations did figure into it. However, the notion of "Spanishness" would remain at the top and "Indianness" would be at the bottom, with those mixed being somewhere in the middle. This idea remained officially in force through the rest of the colonial period.^[7]

Criollo resentment to the privileges afforded the Spain-born or peninsulares was part of the reason behind the Mexican War of Independence. When the war ended in 1821, the new Mexican government expelled the peninsulares in the 1820s and 1830s. However, Independence did not do away with economic and social privilege based on race as the Criollos took over those of the Spain born. A division between "Spanish" and "indigenous" remained despite a majority mestizo or mixed race population. However, biological features were often not enough to distinguish between the two in many cases and some mixing occurred even in the upper classes. The main distinction between criollos and mestizos became money and social class and less about biological differences. The Criollos distinguished themselves from the rest of society as the guardians of Spanish culture as well as the Catholic religion.^[11]

Those considered to be white/criollo/European were never the majority of the country's population, reaching a peak at around 47% during the early 19th century, according to census records. By 1921, the last time the official census took race into account, about ten percent were considered to be "white".^[12] This is one reason why many of the political struggles of the latter 19th and early 20th centuries would be between these elite and the majority mestizos.^[10]

White/European/Criollo vs Mestizo today[link]

The concept of race in Mexico is subtle and the result of multiple cultural concepts which are not given attention by most of the population. They not only include physical clues such as skin color but also cultural dispositions, morality and intellectual status. It is not static or well defined but rather is defined and redefined by situation. Descent is still one primary determiner of social status which is only loosely associated with biological traits. This makes racial distinctions different than those in other countries such as the United States.^[8]

However, the concept of Caucasian , called güero in Mexican Spanish, still exists,^[13] with it basically referring to those of predominantly European heritage.^[14] Many of these would not be considered such by American, Canadian or European standards.^[8] The reason for this is that those of European heritage with absolutely no indigenous or other features are rare in Mexico (though extremely common in Northern Mexico, even if they are less populated)^[9] However, those with the lightest skin in Mexico are generally associated with the well-educated and upper income social classes.^[8] Racial and social distinctions are strongest in Mexico City, where the most powerful of the country's elite are located.^[8]

One very distinctive element about the generally lighter skinned Mexican elite is their separateness from the rest of Mexican society (READ EXCEPTION FOR NORTHERN MEXICO, on next paragraph). These upper classes fear the "common masses" even though they are supposed to be emblematic of the country.^[8] There has been a long standing anxiety among the elite of Mexico that it never truly becomes modern because of something intrinsically wrong with Mexico. This usually focuses as the inability for the masses to change.^[8] The concept of civilization and modernity is strongly tied to assimilating as close as possible to the culture and economy of the United States and Europe.

Northern Mexico: Among the least populated states of the nation, northern Mexican states have long been the home base of tall, light eyed, and fair skinned citizens of the country. Because of this, most families have very different variation of children when pertaining to their skin colours. The genealogy has made the continuing existence of a nicknaming culture: if there is a dark one in the family, he (mostly males)/ she is called what in English would be the equivalent of "the black sheep" of the family. If the next sibling is light skinned, most are called güera/güero like in the rest of the country- but a common term used is the word "pocho" which can be translated to mean bleached or cleared in English.

Complicating the situation is the relationship between whites and Europeans, and the mestizo population, as racial and ethnic identification is strongly associated with Mexico's history, with descent more of a determining factor than biological traits.^[8][12] Since Independence, the official identity promoted has been "mestizo" or a mix of Spanish and indigenous, which has affected social and political policy in the country. However, these policies contradict internally and between theory and reality, with European characteristics remaining in favor to this day.^[12] Since 1930, the Mexican government has not included race as part of its census due to an ideology designed to stop making designations among "Mexicans".^[12] Today well processed estimates put the "white" population at about ten or eleven percent.^[12][15] In one survey based on self-identification, percentages of "whites" varied from ten to twenty percent depending on when one considered biology, customs and/or origins.^[16] In theory, emphasis on mestizo identity was supposed to eliminate divisions and create a unified identity that would allow Mexico to modernize and integrate into the international community.^[8]

The lack of a clear defining line between "white" and "mixed race" is further blurred by the fact that there is little homogeneity among mestizos, with the lighter skinned being favored, as associated with higher social class, power, money and modernity.^[8][9] Being "dark" ("moreno" in Mexican Spanish) is associated with Indian origin with its inferior social class and implying submission.^[7][12] There is some correlation between skin color, ethnicity and wealth, with those who mostly identified as "white" having higher socioeconomic indices such as ownership of durable goods and education levels.^[16] Although on the surface, most Mexicans identify as a "mixed-race", the European side is still considered to be superior, with efforts to promote European culture and values over indigenous ones.^[12]

Newspaper advertisements for employment ask for "Buena presentación", literally "good presentation", but it is interpreted as lighter skin along with class attributes such as certain types of dress. The same qualities distinguish "beauty" and "ugly" with expressions such as "he is very handsome, blond and with blue eyes" or "she's dark, but pretty."^[8] Despite the fact that the 55% of Mexicans have copper skin and dark hair, most advertising shows those with blond hair and white skin, including store mannequins, posters on subway trains and the television screen. Social critics blame television and other media for perpetuating the preference for light skin, but attempts to use darker skinned models and spokespeople have failed to sell products.^[17] However, aside from these critics, there is little to no push to have television shows, music, news and other media have a more diversified presence.^[18] This preference for lighter skin even extends into families with lighter skinned children favored over darker siblings.^[7]

A more recent variation on this cultural and biological preference is "malinchismo" which means to identify or favor a North American or European culture over the native one. It derives from La Malinche, the native interpreter who allied with Cortés during the Conquest. The story has strong domination and servitude elements and is still an important social imagery for Mexicans (of which only 3% believe in race, and 0.7% know and can identify it), with a strong preference to those with power. Today, it has morphed into a preference for English given names due to the influence of the United States.^[7]

Idioms of race serve a mediating terms between social groups. "Güero" or "güerito" is used by street vendors to call out to potential customers, sometimes even when the person is not light-skinned. It is used in this instance to initiate a kind of familiarity, but in cases where social/racial tensions are relatively high(which are almost unheard of throughout the country), it can have the opposite effect.^[8]

European immigration to Mexico[link]

A photo of Italian immigrants in Monterrey in 1905

Mexicans of European descent are strongly associated with the history of the Spanish in the country as Mexico has not had the history of mass immigration that other New World countries such as the United States and Argentina have had.^[8] The criollos began as the descendents of the conquistadors, which was the supplemented by further immigration from Spain in the colonial era and then from various parts of Europe and European descended peoples from other places in the second half of the 19th and early 20th centuries—The term "criollo", to refer to very light skinned people, remained until the 20th century.^[9] After Independence, the Criollos took over politics and economic areas formerly banned to them such as mining. They have remained dominant since, especially in Mexico City.^[8][10] The expulsion of the Spanish between 1826 and 1833 kept the European ethnicity from growing as a percentage;^[10] however, this expulsion did not lead to any permanent ban on European immigrants, even from Spain.^[8]

Immigration to Mexico in the 19th and 20th century mostly came from Europe and other countries with European descended populations such as Argentina and the United States. However, at its height, the total immigrant population in Mexico never exceeded one percent.^[8][10][11] One reason for this was that the country lacked large expanses of cultivatable land on its mountainous terrain, and what existed was firmly in the hands of the criollo elite. Another was that European immigration after the Mexican War of Independence was both welcomed and feared, a combination of xenophilia and xenophobia, especially to Europeans and other "whites" existing to this day.^[10][11]

The xenophilia toward European and European derived immigrants comes from the country's association of civilization with European characteristics. After Independence, Liberals among Mexico's elite blamed the country's indigenous heritage for its inability to keep up with the economic development of the rest of the world. However, embracing only Mexico's European heritage was not possible. This led to an effort to encourage European immigrants.^[8] One of these efforts was the dispossession of large tracts of land from the Catholic Church with the aim of selling them to immigrants and others who would develop them. However, this did not have the desired effect mostly because of political instability. The Porfirio Díaz regime of the decades before the Mexican Revolution tried again, and expressly desired European immigration to promote modernization, instill Protestant work ethics and buttress what remained of Mexico's North from further U.S. expansionism. Díaz also expressed a desire to "whiten" Mexico's heavily racially mixed population, although this had more to do with culture than with biological traits. However, the Díaz regime had more success luring investors when permanent residents, even in rural areas despite government programs. No more than forty foreign farming colonies were ever formed during this time and of these only a few Italian and German ones survived.^[11]

From the 19th to the early 20th century, most European foreigners in Mexico were in urban areas, especially the country's capital, living in enclaves and involved in business. These European immigrants would quickly adapt to the Mexican attitude that "whiter was better", and keep themselves separate from the host country. This and their status as foreigners offered them considerable social and economic advantages, blunting any inclination to assimilate. There was little incentive to integrate with the general Mexican population and when they did, it was limited to the criollo upper class. For this reason, one can find non-Spanish surnames among Mexico's elite, especially in Mexico City, to this day.^[10][11]

However, even when generalized mixing did occur, such as with the Cornish miners in Hidalgo state around Pachuca and Real de Monte, their cultural influence remains strong. In these areas, English style houses can be found and the signature dish is the "paste" a variation of the English pasty.^[19] In the early 20th century, a group of about 100 Russian immigrants, mostly Pryguny and some Molokane and Cossacks came to live in area near Ensenada, Baja California. The main colony is in the Valle de Guadalupe and locally known as the Colonia Rusa near the town of Francisco Zarco. Other smaller colonies include San Antonio, Mision del Orno and Punta Banda. There are an estimated 1000 descendents of these immigrants in Mexico, nearly all of whom have intermarried. The original settlements are now under the preservation of the Mexican government and have become tourist attractions.^[20]

By the end of the Porfirian era, Americans, British, French, Germans and Spanish were the most conspicuous whites in Mexico, but they were limited to Mexico City in enclaves, failing to produce the "whitening" effect desired. This history would mean that Mexico would never become a nation of immigrants, but rather one where a few well-connected newcomers could make a great impact. Despite Diaz' early efforts at attracting foreign immigration, he reversed course near the end of his government, nationalizing industries dominated by foreigners such as trains. Foreigners were blamed for much of the country's economic problems leading to restriction. This would cause many foreigners to leave.^[11] In the 20th century, especially after the Mexican Revolution, the mestizo was idealized, but it was still considered to be inferior to the European.^[8]

One reason for the Mexico's xenophobia was that Europeans and Americans often quickly dominated various industries and commerce in the country. By the mid-19th century, there were only 30,000 to 40,000 Caucasian immigrants compared to an overall population of over eight million, but their impact was strongly felt. For example, the Spanish and French came to dominate the textile industry and various areas of commerce, pioneering the industrialization of the country.^[10][11] Various Europeans and Americans also dominated mining, oil and cash crop agriculture. Many of these immigrants were not really immigrants at all, but rather "trade conquistadors" who remained in Mexico only long enough to make their fortunes to return to their home countries to retire.^[11] Large numbers of Americans in Texas, would eventually lead to the succession of that territory.^[10] These two experiences would strongly affect Mexico's immigration policy to this day, even though Mexico's total foreign population at its height in the 1930s, never exceeded one percent of the total.^[11]

Legal vestiges of attempts to "whiten" the population ended with the 1947 "Ley General de Población" along with the blurring of the lines between most of Mexico immigrant colonies and the general population. This blurring was hastened by the rise of a Mexican middle class, who enrolled their children in schools for foreigners and foreign organizations such as the German Club having a majority of Mexican members. However, this assimilation still has been mostly limited to Mexico's lighter skinned peoples. Mass culture promoted the Spanish language and most other European languages have declined and almost disappeared. Restrictive immigration policies since the 1970s have further pushed the assimilation process. Since then there has been very little immigration with the overwhelming majority of foreigners it the country on temporary visas.^[11]

Example of ethnic European groups in Mexico[link]

One of the few Porfirian era European settlements to survive to this day is centered on the small town of Chipilo in the state of Puebla. They are the descendents of about 500 Italian immigrants which came over in the 1880s, keeping their Venetian derived dialect and distinct ethnic identity, even though many have intermarried with other Mexicans. Many still farm and raise livestock but economic changes have pushed many into industry.^[21]

During the Mexican Revolution, Álvaro Obregón invited a group of German-speaking Mennonites in Canada to resettle in Chihuahua state. By the late 1920s, almost 10,000 had arrived from both Canada and Eastern Europe.^[11][22] Today, Mexico accounts for about 42% of all Mennonites in Latin America.^[9] Mennonites in the country stand out because of their light skin, hair and eyes. They keep to themselves keeping a form of German and traditional dress. They own their own businesses in various communities in Chihuahua, and account for about half of the state’s farm economy, standing out in cheese production .^[22]

Immigration was restricted by governments after Diaz' but never stopped entirely during the 20th century. Between 1937 and 1948, more than 18,000 Spanish Republicans arrived as refugees from the Francisco Franco dictatorship. Their reception by the Mexican criollo elite was mixed but they manage to experience success as most of these newcomers were educated as scholars and artists. This group founded the Colegio de Mexico, the country’s top academic institution. Another, smaller group from this time period were Jewish immigrants fleeing Hitler. Despite attempts to assimilate these immigrant groups, especially the country’s already existing German population during World War II, they remain mostly separate to this day.^[11]

The most recent mostly Caucasian immigrant group to Mexico has been the Argentines. The first arrived in the 1970s as political refugees along with some Chileans.^[23] The Argentines continued to arrive, with the next wave after the economic crisis of 2001 (ArgenMex), with the Argentine population in Mexico doubling from 2001 to 2007.^[24] Most of these immigrants are educated and from the country's professional classes. They are often found working in commercial centers, in publicity and many Mexican models are in fact of Argentine background.^[24][25]

67% of Latin America's English speaking population lives in Mexico.^[9] Most of these are American nationals, with an influx of people from the U.S. coming to live in Mexico since the 1930s, becoming the largest group of foreigners in the country since then. However, most Americans in Mexico are not immigrants in the traditional sense, as they are there living as retirees or otherwise do not consider themselves permanent residents.^[11][26]

See also[link]

• Afro-Mexican
• Indigenous Mexican
• White American
• White Brazilian
• White Latin American
• White people

Notes and references[link]

External links[link]

• Mexico Criollo Forum

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"A Whiter Shade of Pale" is the debut song by the British band Procol Harum, released 12 May 1967. The single reached number one in the UK Singles Chart^[1] on 8 June 1967, and stayed there for six weeks. Without much promotion, it reached #5 on the US charts, as well. It is one of the fewer than 30 all-time singles to have sold 10 million (or more) copies worldwide.^{[citation needed]}

With its haunting Bach-flavoured instrumental melody, soulful vocals, and unusual lyrics—by the song's co-authors Gary Brooker, Keith Reid,^[2] and Matthew Fisher-- "A Whiter Shade of Pale" reached #1 in several countries when released in 1967. In the years since, it has become an enduring classic. It was the most played song in the last 75 years in public places in the UK (as of 2009),^[3] and the United Kingdom performing rights group Phonographic Performance Limited in 2004 recognised it as the most-played record by British broadcasting of the past 70 years.^[4] Also in 2004, Rolling Stone placed "A Whiter Shade of Pale" #57 on its list of the 500 Greatest Songs of All Time.

More than 1000 recorded cover versions by other artists are known.^[5] The song has been included in many music compilations over the decades and has also been used in the soundtracks of numerous films, including The Big Chill, Purple Haze, Breaking the Waves, The Boat That Rocked and notably in Martin Scorsese's segment of New York Stories. Cover versions of the song have also been featured in many films, for example by King Curtis in Withnail and I and by Annie Lennox in The Net.

The original writing credits were for Brooker and Reid only. On 30 July 2009, Matthew Fisher won co-writing credit for the music in a unanimous ruling from the Law Lords.

Recording and personnel[link]

The song was performed and recorded at Olympic Studios in London, England with Gary Brooker providing the vocals and piano, Matthew Fisher on a Hammond M-102 organ, David Knights on bass and Ray Royer on guitar. Drums were by session drummer Bill Eyden. A few days later, the song was re-recorded with the band's then newly-recruited drummer Bobby Harrison. That version, though, was considered inferior^{[citation needed]} and one of the original mono recordings was chosen for release.

Producer for the record was Denny Cordell and Keith Grant was the sound engineer.^[6]

The song was included on the original U.S. release of the Procol Harum album, but not on the UK version.

Lyrics[link]

Reid got the title and the starting point for the song at a party. He overheard someone at the party saying to a woman, "You've turned a whiter shade of pale," and the phrase stuck in his mind.^[7][8] The original lyrics had four verses, of which only two are heard on the original recording. The third verse has been heard in live performances by Procol Harum, and more seldom also the fourth.^[9] The author of Procol Harum: beyond the pale, Claes Johansen, suggests that the song "deals in metaphorical form with a male/female relationship which after some negotiation ends in a sexual act."^[8] This is supported by Tim de Lisle in Lives of the Great Songs, who remarks that the lyrics concern a drunken seduction, which is described through references to sex as a form of travel, usually nautical, using mythical and literary journeys.^[10] Other observers have also commented that the lyrics concern a sexual relationship.^[7]

Structurally and thematically, the song is unusual in many respects. While the recorded version is 4:03 long, it is composed of only two verses, each with chorus. The piece is also more instrument-driven than most songs of the period, and with a much looser rhyme scheme. Its unusually allusive and referential lyrics are much more complex than most lyrics of the time (for example, the chorus focuses on Chaucer's The Miller's Tale). Thus, this piece can be thought of as a forerunner to the progressive rock that would reach its zenith about ten years later.

The phrase a whiter shade of pale has since gained widespread use in the English language, noticed by several dictionaries.^[11][12][13] As such, the phrase is today often used in contexts independent of any consideration of the song. (See ^[14] for many annotated examples complete with links to original sources.) It has also been heavily paraphrased, in forms like an Xer shade of Y--this to the extent that it has been recognised^[15][16] as a snowclone – a type of cliché and phrasal template.

Composition[link]

The song is in moderate time, in C major, and is characterised by the bassline moving stepwise downwards in a repeated pattern throughout. In classical music this is known as a ground bass. The harmonic structure is identical for the organ melody, the verse and the chorus, except that the chorus finishes with a cadence. The main organ melody appears at the beginning and after each verse/chorus. But it is also heard throughout, playing variations of its theme and counterpointing the vocal line. Both the vocal and the organ accompaniment reach a crescendo at the beginning of the chorus "And so it was, and later ..."; where the organist rapidly runs his finger down and up the entire keyboard. The final instrumental fades out to silence - a common device in pop music of the time.

The Hammond organ line of "A Whiter Shade of Pale" was inspired by Johann Sebastian Bach's "Sleepers, Wake!" and "Air on the G String" - both of which use a similar stepwise bass motion. But contrary to popular belief, the song is not a direct copy or paraphrase of any music by Bach,^[17] although it makes clear references to both pieces. This similarity is referred to in the 1982 play The Real Thing by Tom Stoppard and the 1991 film The Commitments. A yet closer melodic influence that is seldom cited can arguably^{[weasel words]} be found in the organ choral prelude "O Mensch bewein dein' Sünde groß" (O Man, Lament Your Sin So Great), BWV 622, from Bach's Orgelbüchlein (Little Organ Book). The music also borrows ideas from "When a Man Loves a Woman" by Percy Sledge.^[18]

Reception[link]

The single was released on 12 May 1967 by Deram Records and entered the UK charts on 25 May. In two weeks it reached number one where it stayed for six weeks, and on the UK chart for a total of 15 weeks. A May 1972 re-release on Fly Records stayed in the UK charts for a total of 12 weeks, and reached number 13 as highest. In the US, it reached #5 and sold over one million copies. In the Netherlands it entered the chart at number one in June 1967 and again reached number one in July 1972.

Chart positions: # 1 (UK), # 1 (the Netherlands), # 1 (Germany), # 1 (Ireland), # 1 (Australia), # 1 (World), # 3 (Norway VG-lista), # 5 (USA Hot 100). "A Whiter Shade of Pale" also managed to peak at number twenty-two on the soul charts in the U.S.^[19]

Over time, "A Whiter Shade of Pale" has earned extensive critical acclaim:

• John Lennon was a great fan of the song and was known to have played it repeatedly in his Rolls Royce. When it was released in England, Lennon (and friends in his circle) reportedly confused Brooker's soulful vocals with Steve Winwood, who had popularity at the time with The Spencer Davis Group.
• It was named joint winner (along with Queen's "Bohemian Rhapsody", which also uses the word 'fandango') of the Best British Pop Single 1952–1977 at the BRIT Awards, part of Elizabeth II's Silver Jubilee.
• #57 on Rolling Stone magazine's list of the 500 Greatest Songs of All Time in 2004.
• British TV station Channel 4 placed the song at #19 in its chart of the 100 greatest number one singles.^[20]

Authorship lawsuit[link]

In 2005, former Procol Harum organist Matthew Fisher filed suit in the High Court against Gary Brooker and his publisher, claiming that he co-wrote the music for the song.^[21]

Fisher won the case on 20 December 2006 but was awarded 40% of the composers' share of the music copyright, rather than the 50% he was seeking and was not granted royalties prior to 2005.^[22]

Gary Brooker and publisher Onward Music were granted leave to appeal, and a hearing on the matter was held before a panel of three judges during the week of 1 October 2007. The decision, on 4 April 2008, by Lord Justice Mummery, in the Court of Appeal upheld Fisher's co-authorship^[23] but ruled that he should receive no royalties as he had taken too long (38 years) to bring his claim to litigation. Full royalty rights were returned to Brooker.^[24]

On 5 November 2008, Matthew Fisher was granted permission to appeal this decision to the House of Lords.^[25] Lawyers say it is the first time the Law Lords have been asked to rule on a copyright dispute involving a song.^[26] The appeal was heard in the House of Lords on 22–23 April 2009.^[27]

On 30 July 2009 the Law Lords unanimously ruled in Fisher's favour. They noted that the delay in bringing the case had not caused any harm to the other party; on the contrary they had benefited financially from it. They also pointed out that there were no time limits to copyright claims under English law. The right to future royalties was therefore returned to Fisher.^[28][29] The musicological basis of the judgment, and its effect on the rights of musicians who contribute composition to future works, has drawn some attention in the music world.^[30]

Video[link]

The first video for the song was shot in the ruins of Witley Court in Worcestershire, England.^[31] The Witley Court video features four of the five musicians who played on the hit single: Gary Brooker, Matthew Fisher, David Knights and Ray Royer, in performance and walking through the ruins. Only the drummer in the video isn't on the record: early band member Bobby Harrison is seen miming to session man Bill Eyden's drumming. According to Shindig! Magazine's Procol Harum cover story by Alan Robinson (November–December 2009 issue – page 55), the video was directed by Peter Clifton whose insertion of Vietnam War newsreel footage caused it to be banned from airplay on the "Top of the Pops" TV show. The band subsequently made another video using "Scopitone" technology, but by this time, Robin Trower and B.J. Wilson had replaced Royer and Harrison in the band, so only three of the five musicians on the recording are represented, and no performance footage included – only the five musicians cavorting around London, running across fields, etc. This lineup, with Fisher in a monk's cowl, also mimed to the song on Top of the Pops, (though Gary Brooker sang live) and black and white footage of this performance has been shown online, perhaps constituting the third video of the song from 1967. (See also its inclusion on the 'Top of the Pops 40th Anniversary 1964–2004 DVD'.)

There was also a video shot as part of Joel Gallen's Deja-View music video series.^[32] Originally airing on various networks in late 1985 through 1986, this video starred Harry Dean Stanton and Bernie Taupin, but featured no member of the band. It has also aired on VH1 Classic, and has recently surfaced online.^[33][34]

References[link]