Owo Tuntun

The sound recording "Owo Tuntun" by Ayinla Omowura, fixed in 1977, is protected under federal copyright law, specifically the provisions of the Music Modernization Act (MMA). The MMA, enacted in 2018, brought pre-1972 sound recordings under federal protection, but also clarified and consolidated the federal protection for recordings fixed on or after February 15, 1972. As a 1977 recording, "Owo Tuntun" falls squarely within this latter category. Under the MMA, sound recordings fixed on or after February 15, 1972, such as "Owo Tuntun," are granted standard federal copyright protection. This means they are protected for a term generally equivalent to the life of the author plus 70 years, or, more commonly for commercial recordings which are often considered works made for hire, for 95 years from the date of first publication or 120 years from creation, whichever is shorter. In this case, 17 U.S.C. § 1401 applies, affirming its protected status under federal law, rather than previous state-based common law protections. Ayinla Omowura was a prominent Nigerian Apala musician, and his recordings were widely distributed by labels like EMI Nigeria. "Owo Tuntun" was a popular track from his extensive discography. As a commercial recording from a major label (or its regional affiliate), it would have been produced with the intent of commercial exploitation, and thus would have had copyright asserted from its inception, aligning with standard industry practices for works created in 1977. Its fixation year clearly places it under federal statute, ensuring robust protection. Consequently, any use of the sound recording "Owo Tuntun" — such as sampling, direct reproduction, or inclusion in a synchronization project — requires explicit licensing and permission from the copyright holder, typically EMI or its successors in interest, to avoid infringement. Its federal protected status means it enjoys the full benefits and enforcement mechanisms of US copyright law.