Derek Mowbray wrote:Apache must be out of copyright by now so can anyone use it not the first time it's been used on an a advertising ad ,
That depends on what is meant by "out of copyright".
The Shadows' EMI recording of the tune is certainly out of copyright, as long as copies are sourced from media which are not themselves the subject of renewed rights for Warner (ie, copyrighted recent digital remasters).
The Polydor re-recording of 1989 is well inside copyright and will remain so until at least 2059.
The composition and its publication are in copyright and will remain so until 70 years after the death of Jerry Lordan, which will be in 2065.