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If this single makes the top ten it will be the fifth time that a song bearing this title has become a country hit.
Jim Reeves recording of the Roger Miller song hit #2 in 1959. Loretta Lynn’s performance of Bobby Hardin’s composition peaked at #10 in 1975. Joe Diffie’s debut single writtten by Andy Spooner & Fred Lehner doubled as his first #1 hit in 1990 and Alan Jackson’s self-penned recording was resurrected from his 1990 debut album for a 1996 single release that hit #3.
For those who may not know song LYRICS can be copywrited but song TITLES cannot. Hence numerous songs may share the same title.
Another addition to the list is Blake Shelton’s cover of Michael Bublé’s song “Home.” It hit #1 in 2008.
Ken, you sure are right about the copyright issue and that many songs share the same title. I was looking into this about a year and a half ago.
As you may also know, Performing Rights Organizations such as ASCAP, BMI and SESAC keep track of the music used by radio stations and other entities using music and pay royalties to songwriters based on use. A songwriter can only be registered with one of the 3 PRO’s at a time. PRO websites can be used as research tools if you’re writing about songwriters or just want to find out who wrote a song or what other songs a songwriter or performer has to his credit. These organizations have lists of the songs registered by member songwriters on their websites. You can search by songwriter, artist or song title. Searching by title is often the most difficult. Checking BMI and ASCAP, I got over a thousand hits on each using the title “Home”. The fact that a song has been registered by a songwriter with a PRO does not mean that the song has been recorded. A writer may have 800 songs registered but maybe only 200 have actually been recorded. The rest may never be recorded or used in any other way but the rights of the songwriter for the lyrics and music are protected should they be.
True, titles can’t be copyrighted.
But it would be one thing to lay claim to “Don’t Take Your Guns to Town,” “Okie From Muskogee,” “Stand By Your Man” or “May the Bird of Paradise Fly Up Your Nose”.
It would be quite another to try to claim exclusive rights to “Home”. Or “Country Boy.”
Somewhat surprisingly, even one-word group names can be trademarked. Willie, Waylon, Cash and Kristofferson ran into that when they started calling their group the “Highwaymen” and they got sued by the pretty-dorman folk music group that had previously used the name–and still had some albums in print.
I remember that Joe Diffie song “Home.” It came out right around the same time as Mark Chesnutt’s debut “Too Cold At Home.” Two killer records by two great artists.
I did not know song titles couldn’t be copyrighted, but then I never thought about it. Makes sense I guess since there’s a long list of songs with the same title.
I’m not sure I’d have been as generous with this single as you. I like the sound of it, but I think it uses the patriotic selling point too much, though I do agree the writers came up with interesting ways to do so. Just seems like another list song to me for the most part. Low B to high C IMO. Still, good review.
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