Who can control the song 'Forevermore'? The Side A Issue

A copyright lawyer explains the legalities of controlling a song.

My recording / vlog equipment

Profiles:
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Credits:
Intro artwork by Gabe Gonzales
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Music and Director of Photography – Joshua M. Vera
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Makeup – Anna Vera
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Disclaimer: Content of this video is not and should not be interpreted or construed as legal advice. What you saw and heard is primarily for informational and educational purposes only and not for the purpose of providing legal advice. By viewing this video or by any interaction including but not limited to the comments, there is no attorney-client engagement or relationship. If you need further assistance, please contact a licensed attorney for effective legal counsel. #forevermore #SideA #Copyright

All clips, video, audio or otherwise are used for fair use commentary, criticism, and teaching or educational purposes under Section 184 and 185 of Republic Act 8293 (The Intellectual Property Code of the Philippines) and 17 U.S. Code § 107 - Limitations on exclusive rights: Fair use. See also Hosseinzadeh v. Klein, 276 F.Supp.3d 34 (S.D.N.Y. 2017); Equals Three, LLC v. Jukin Media, Inc., 139 F. Supp. 3d 1094 (C.D. Cal. 2015)

[kerwinbenedicttan]

atty - that was comprehensive - your last line about things being ironic, Side A being somehow a cover band also, hits the spot - cheers! subscribed!

[BlaireBustillo]

Very well explained. Thank you very much Attorney.

[dgnx]

Sebastian Bach from Skid Row. He was kicked out of the band back in the '90s and went solo. He still performs Skid Row songs especially ones that he didn't wrote, but the band didn't stopped him from performing them until this day.

His first solo album consists of live performances of Skid Row songs. I read an old interview with one of the guitarists where he jokingly said they wish he could sell more albums so they could earn more from royalties

[happywifehappylife]

Forevermore is Joey G. Many will agree that Side A became famous because of Joey G's talent.

[gerby]

Joey G is promoting himself as JOEY G. FORMER LEAD VOCAL OF SIDE A. For ethical reason the band side A is still active and both are still performing most of the time at the same venue. Who is the real side A band

[kittyb]

Thank you for the paliwanag, Atty.

What is the name of your bebe dog?? ❤

[TheJacqueswong]

Thank you very much for this info Dean. Is this the same with what happened to the band 6cyclemind? Because their former singer Ney, can't sing some songs in his own band Bandang Ney.

[MrFranksterling]

Thank you Atty.! Your explanation is very clear. That last line though. Yeah.. Isn't it Ironic? hahaha

[davegalendez]

Napaka-klaro at magandang eksplenasyon.

[TBrownPH]

Thank you Atty for this breakdown. But if I were to argue on behalf of Side A, I would go to Article 19 of the Civil Code. Joey G may not be legally prohibited to sing the song "Forevermore". But just because you have the legal right to do something, it doesn’t mean you should exercise it in a way that causes harm, injustice, or violates the principles of good faith and fairness.

Hindi naman sa dina-down ko ang Side A, pero yung "Forevermore" lang kasi ang meron sila. Kung ako producer, mas pipiliin ko i-book si Joey G kesa sa Side A kung pwede niyang kantahin yung "Forevermore". In a way, it will hurt the prospects of the band. Livelihood nila yan eh.

[dani_alfonso]

Atty, oh.. a legal battle as of the moment... that's why Forevermore by Side A or Joey G is not available on Spotify, while available for Juris' and Martin N. version... you can check it out... Thank you.

[equilibriumfiles]

90's Golden Years for me so many childhood Memories....

[andremth]

excellent explanation. new sub here, learned a lot from a good lawyer

[janinedario]

Hi Dean! Hot topic! So good! Everything was so clearly explained and me and my husband, former band manager, learned a lot that experience did not teach us.

Maybe for another blog: what is the recourse of Side A if Joey G is styling himself almost as Side A (using their name in his promotions), singing all their hits and performing similar or identical set list and in effect competing with them who are still active? Audience of course recognize the lead singer and equate him to the band, even if it is a band effort (or Joey B's) that they got famous or recognized. Setlist (including covers they sing), original compositions, Can he be prevented from using the name Side A as a descriiption when it's the truth? My bias tbh is with the band.

In the case of Sting, the Police broke up so it would have been ok for him to sing the band's hits.

Ang dami palang cases no? You might know that this other band broke up and the lead singer wanted to use the band's name but was prevented by the former members. Compositions were a team effort. Songs belong to the record company. What happened was a party had to establish who came up with a name in court to prove ownership. In the end I think the party had to settle for the use of the name.

[Tupsx]

Great explanation. I may have missed it but can you further explain the limited rights of the singer that you mentioned? Thanks.

[rosellierasia]

Joey G. Didn't write the song but he gave life to it.

[dustincatacutan]

A popular song is always remembered by its singer, not the composer, not the record label. Its like saying that the vocalist IS the band.

[edwin_ac]

I was about to say that Sir. It's so hypocritical for Joey B., to stop Joey G for singing a cover of "Forevermore". Knowing that Side A, is known for singing covers of other artists' hits. It's like Journey asking Arnel Pineda to sing an Arnel Pineda composition, and Arnel telling Journey that they can't do that because the song is his. Given the fact that Arnel became a Journey frontman by singing covers of Journey's songs.

[JBAutoplanet]

Only the record producer and composer can control. That’s a fact. But Joey G is the guy behind this hit song. It’s unfair for him if those people do not allowed him to sing the song anymore. I was once at 19 east with Side A as performer and when their new lead vocalist sang this song, it’s not that good.

[benok]

Thank you po Dean ❤
sana magkaayos na lang po sila