Things began to change in the 90’s….

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In 1998, Burger King used the Ohio Players’ 1974 hit “Fire” in an appropriate manner for one of their commercials. Granted, it was a 24 year old song at that point, Burger King had money, and the band members were dying off at an alarming rate. But the use of what were #1 hits as music beds was a spotty practice at best.

But that could all be about to change.

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While watching HGTV (long story for another time), I heard the latest commercial for Sleep Number mattresses, complete with a lame remake of the 1995 #1 hit “Love Will Keep Us Together” from The Captain and Tennille’s debut album.

So why would Sleep Number use a remake instead of the widely-known better version?

It turns out “Love Will Keep Us Together” was written and originally recorded by Neil Sedaka. Yes, his version was nowhere near as good as the Toni Tennille version but as it turns out, there could be more to it.

Neil Sedaka released his version in 1974. Could it be because the copyright of that song no longer applies?

Generally, for most works created after 1978, protection lasts for the life of the author plus 70 years. For anonymous works, pseudonymous works, or works made for hire, the copyright term is 95 years from the year of first publication or 120 years from creation, whichever comes first. When the copyright term expires, a work becomes part of the public domain, and anyone can use it without permission from the author.
— U.S. Copyright Office, The Lifecycle of Copyright

Seeing how that song was written and published before 1978, things get a bit murky.

Notwithstanding the provisions of section 303, and in accordance with chapter 14, no sound recording fixed before February 15, 1972, shall be subject to copyright under this title. With respect to sound recordings fixed before February 15, 1972, the preemptive provisions of subsection shall apply to activities that are commenced on and after the date of enactment of the Classics Protection and Access Act. Nothing in this subsection may be construed to affirm or negate the preemption of rights and remedies pertaining to any cause of action arising from the nonsubscription broadcast transmission of sound recordings under the common law or statutes of any State for activities that do not qualify as covered activities under chapter 14 undertaken during the period between the date of enactment of the Classics Protection and Access Act and the date on which the term of prohibition on unauthorized acts under section 1401(a)(2) expires for such sound recordings. Any potential preemption of rights and remedies related to such activities undertaken during that period shall apply in all respects as it did the day before the date of enactment of the Classics Protection and Access Act.
— U.S. Copyright Office, Duration of Copyright

If you’re confused by that, you’re probably not alone and that’s all a company may need to look at all the great songs produced before 1978 and have re-imagined remakes inserted into their commercials.

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Interesting how Princess Cruises used the “Love Boat Theme” from 1977, originally performed by singer and actor Jack Jones, remade by britist actress and singer Hannah Waddingham. 1977 is one year out from that magic 1978 date where copyrights are more potently protected.

But again we’re back to the debate about how this current crop in the entertainment industry remains so lacking when it comes to original thinking and creation that the public continues to endure unnecessary (and in most cases inferior) remakes, reboots, origins, and now reimagined renditions of hit songs that are in no way as memorable as the original.

And if there’s a legal hole where copyrights of those classics are in that gray area, look forward to more very lame versions of songs, inserted into commercials, TV shows and movies.

Only the beginning (to quote a Chicago lyric)….

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“25 or 6 to 4” written by Robert Lamm and recorded by Chicago in 1969. At least they used the original.

There IS a pattern.

Amazon has blacklisted the Amanda Milius-directed documentary The Plot Against the President by removing the title from its Prime Video streaming service without explanation.

Consumers are no longer able to digitally rent or purchase The Plot Against the President from the platform.
— Breitbart, 11/22/23

UPDATE

Will all of the recent #RussiaGate revelations released by DNI Tulsi Gabbard, many have been once again vindicated after years of being called conspiracy-theory Putin stooges, and even today (again) being called a product of Kremlin fiction.

The Plot Against the President can be viewed below for pertinent review.