So isn’t the song “public domain”? Loggins can whine about Trump using it, but I don’t believe he can “shut it down” as the headline states.
I think it’s not public domain,but if one pays for the royalty (whoever owns it now), it’s free to use for whatever they want.
For example:
Frankie Valli who is 91, is still performing, according to Wikipedia, and got married again at 81. His work will remain under copyright until he dies + 70 years after his death.
A song becomes part of the public domain when its copyright protection expires, is forfeited, or waived, meaning it can be freely used, copied, or modified without permission or payment. The specific timing depends on the country, the type of work (musical composition vs. sound recording), and the date of creation or publication.
In the United States, the rules are complex and differ between musical compositions and sound recordings. For musical compositions (the underlying melody, lyrics, and sheet music), works published before 1927 are generally in the public domain.
More specifically, compositions published in 1928 or earlier entered the public domain on January 1, 2024, due to the expiration of copyright.<>p> For compositions published after 1928, copyright typically lasts for the life of the author plus 70 years, meaning a song will enter the public domain 70 years after the death of its last surviving author.
For sound recordings (the actual audio performance), the rules are different and were significantly changed by the Music Modernization Act of 2018. Recordings made before 1923 entered the public domain on January 1, 2022.
Recordings made between 1923 and 1946 are protected for 100 years after publication, so those from 1923 will enter the public domain at the end of 2022, and those from 1946 will enter in 2046.
Recordings made between 1947 and 1956 are protected for 110 years after publication, entering the public domain by 2056.
Recordings made from 1957 to February 15, 1972, will enter the public domain on February 15, 2067.
It is crucial to note that even if a musical composition is in the public domain, a specific sound recording of that song may still be under copyright protection.
For example, a new recording of a public domain song by a modern artist is protected by copyright.
Therefore, to use a song legally, one must verify the public domain status of both the composition and the specific recording being used.
Just to be clear, Loggins did not write the song. It was written for the movie Top Gun. It was offered to Starship, Toto, REO Speedwagon, Brian Adams and many others, before they gave it to Loggins.