Fetch!
Water No Get Enemy cover
Protected

Water No Get Enemy

Fela Kuti
2010
Confidence
95
— Composition copyright —

Songwriter & publisher

Protected
Songwriter(s)
Fela Kuti
Publisher
Unknown
First published
1975
Rule · Compositions first published in 1975 are protected for 95 years from publication. Enters US public domain on January 1, 2071.

The composition "Water No Get Enemy" was written by Fela Kuti and first published in 1975. Under the 1976 Copyright Act, works created and published between 1923 and 1977 were granted an initial term of 28 years, renewable for a further 67 years, totaling 95 years of protection. Since the composition was first published in 1975, it would have been eligible for this 95-year term. Fela Kuti passed away in 1997. However, the 95-year term from publication (1975) means the composition remains protected until the end of 2070. Any use of the underlying musical composition—whether for covers, samples, or synchronization in visual media—requires permission from the copyright holders of the composition.

Confidence
90

Sound recording and composition are two separate copyrights. Even if one is public domain, the other may still be protected — clear cover, sample, and sync rights independently.

— Rule Applied —

The deterministic finding

Recordings fixed on or after February 15, 1972 are subject to standard federal copyright (life of author + 70 years, or 95 years for works made for hire). Protected.
— AI Reasoning —

Why this status applies

The sound recording of "Water No Get Enemy" by Fela Kuti, released in 2010, falls squarely under the protections afforded by the Music Modernization Act (MMA). The MMA, specifically 17 U.S.C. § 1401, extends federal copyright protection to sound recordings fixed on or after February 15, 1972. Since this particular recording was fixed and released in 2010, it is well within this timeframe and thus receives full federal copyright protection. This means the exclusive rights of reproduction, distribution, public performance (via digital audio transmission), and preparation of derivative works are held by the copyright owner. This recording was part of the extensive Fela Kuti catalog, which has been meticulously managed and reissued by labels like Knitting Factory Records and Partisan Records in the 21st century. The 2010 release was likely a reissue or remastering, but the fixation date for *this specific recording* would be tied to its creation around the original 1975 release, or the 2010 mastering if it constitutes a new fixation. Regardless, even if the original fixation was 1975, it still falls after the 1972 threshold. The MMA's provisions ensure that these more recent recordings, and even older recordings fixed after 1972, are treated uniformly under federal law, simplifying licensing and enforcement. As a protected recording, any use requires permission from the sound recording copyright holder, which for Fela Kuti's estate and catalog, is typically managed through Kalakuta Sunrise Ltd., often in partnership with distribution and label entities like Partisan Records or Knitting Factory Records. This protection will last for 95 years from the date of its first publication, meaning it will remain under copyright until 2070 (or 2071 if the original 1975 recording is considered the fixation date for the underlying sound performance).
— Cited Sources —

Supporting facts

  • 17 U.S.C. § 1401 (Music Modernization Act)
  • U.S. Copyright Office Circular 92, Chapter 14: Sound Recordings
  • Fela Kuti discography - 'Water No Get Enemy' original release 1975, reissues 2010
  • Knitting Factory Records / Partisan Records reissues of Fela Kuti catalog
  • Copyright Term Extension Act (CTEA) - 95-year term for corporate/anonymous works

This analysis is AI-generated for informational research only and does not constitute legal advice. Sound-recording status under the MMA does not determine the status of the underlying composition. Always consult a qualified copyright attorney before commercial use.