Title II of the Music Modernization Act of 2018 is considered in the context of pre-1972 sound recordings fixed on lands owned by native American tribes. The law changed the way in which ownership of pre-1972 recordings is determined. Under the new law, ownership of tribal pre-1972 recordings would be determined by the law—likely the common law—of the tribe, with potentially significant consequences for tribes wishing to control access to works recorded and published without their consent.
