[News] 140216 C-JeS Entertainment and AVEX come to an agreement on JYJ-related matters

jyjavexresolution

C-JeS Entertainment and AVEX‘s long legal battle has been resolved.

 

On the 16th, C-JeS Entertainment wrote on their official homepage, “C-JeS (JYJ) and AVEX has agreed to end all the legal battles we have had. C-JeS (JYJ) and AVEX will no longer meddle in each other’s affairs.

 

Last year in January, AVEX was told to stop asserting their sole management rights for JYJ in Japan, and were told to pay C-JeS Entertainment 660,000,000 JPY (about 6.5 million USD) in damages.

 

C-JeS said, “After our win last year, AVEX appealed the ruling. In the end, through the Tokyo High Court’s mediation, we were able to settle on an agreement.

C-JeS’ CEO Baek Chang Joo said, “We’re thankful that the Japanese judicial branch gave us the 1st ruling of securing JYJ’s Japanese promotions, and also for them for leading the 2nd agreement. With this, we have finished all fights related to the Japanese promotions. Now that AVEX and JYJ have agreed not to interfere in each others’ business, it means a lot in that JYJ’s Japanese promotions are officially confirmed as being secured legally. We are happy that JYJ’s long legal fight has all finished, and we hope to meet Japanese fans more often and closer through stages.

credit: allkpop

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[TRANS] 131126 JYJ’s Official Statement, “A Violation Of Portrait Rights That Goes Beyond News Coverage, We Will Sue”

C-JeS Entertainment has released their official statement on their lawsuit against violations of portrait rights.

JYJ’s agency C-JeS Entertainment released an official statement on the 26th that read, “C-JeS Entertainment are working hard to protect the publicity rights (right to stop third parties from using the publicity rights of celebrities without their permissions for commercial purposes) of all our celebrities, not only JYJ. We have a strong legal system to combat these illegal actions.”

Through an explanation from their legal party, C-JeS announced that they would be filing a compensation for loss lawsuit against two magazine publications, which used photos of JYJ without the members’ permission, and the trials would be closed by mid-December.

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They continued to state, “Publishing dozens of pages of photos from news coverage articles and press conferences, as well as creating special editions with these photos, is an act that violates our celebrities’ publicity rights and this is why we have filed our lawsuit,” and “Acts like this have already been recognized as a violation of publicity rights, so we expect similar verdicts for our lawsuits.”

C-JeS clarified their stance as they added, “We are not out to ban or limit proper news coverage, and we believe that photos can definitely be used for news coverage, but only if it is done in a reasonable parameter.”

-Below is the explanatory statement by C-JeS’ legal party-

◆A compensation for loss lawsuit has been filed against two magazine publications for using photos of the three members of JYJ without their permission.

◆Many rounds of court debates have already taken place, and the verdict is set to be made in mid-December.

◆The two magazine publications in question have used photos from news articles and press conferences in dozens of pages in their magazines, as well as publishing A4-sized photos for a special edition booklet. These acts are seen to be a violation of publicity rights that goes beyond reasonable news coverage.

◆The two magazine publications in question have argued that their actions lay within the parameters of reasonable news coverage, but their use of photos in dozens of pages and A4-sized pages cannot be seen as such.

◆Regarding the use of celebrity photos, acts like this have already been recognized as a violation of publicity rights both domestically and overseas (US, Japan etc), so we expect similar verdicts for our lawsuits.

◆However, we are not out to ban or limit proper news coverage, and we believe that photos can definitely be used for news coverage, but only if it is done in a reasonable parameter.

Source: [tv daily]

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[News] 131127 JYJ Sues 2 Magazine Publishers Over Illegal Use Of Band Photos: C-JeS Rep Claims Court Date Is Set For Mid-November

jyjsuepublisher

The three members of the K-pop group JYJ are no strangers to litigation.

Back in 2010, Kim Jaejoong Park Yoochun and Kim Junsu left their former group TVXQ reportedly over a contract dispute with their record label SM Entertainment, a move practically unprecedented in the South Korean music scene

After forming JYJ, the three members signed with C-JeS Entertainment later that year and have pursued successful careers both as solo artists and with the band on the label ever since.

But that doesn’t mean that JYJ doesn’t still know how to lawyer up.

“The JYJ members sued the two magazine companies for violating picture rights,” a C-JeS spokesperson told eNEWS on Tuesday.

“The final litigation will take place in the middle of December.”

The C-JeS rep claims the record label asked the magazine publishers to stop using JYJ’s image to profit illegally, but they continued to do so.

“The magazines [editors] took the photos from press release or news reports and resized them to fit a whole page, filling multiple pages on their magazine or made them into picture books,” the record label rep explained.

“This clearly violates the photo rights and need to be sorted out in court.”

C-JeS Entertainment could not immediately be reached for comment. Further details of the lawsuit, including specifically which two magazine publishers were named in the lawsuit, have not been included in published reports.

But another C-JeS representative reportedly told Star News that the label is still hoping to settle.

“The publishing company for this case is said to be bankrupt right now so they have asked for an amicable solution,” the rep said.

“But if the same thing happens again, we will take strong legal action against them.”

credit: kpopstarz

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[TRANS] 131123 [C-JeS] This Is C-JeS Entertainment.

Hello.
This is C-JeS Entertainment.

Mr. Yuichi Sasahara, the CEO of EMusic, has posted various messages defaming the honor of C-JeS and C-JeS artistes JYJ through mediums such as Twitter. C-JeS took action against Mr. Sasahara and issued a warning through our Japanese lawyer, demanding that he cease all acts of defamation, but he has not done so.

Our agency and legal representatives have come to the conclusion that taking action against and mentioning the false information and rumors spread by this individual will only worsen the situation, so we and the members of JYJ have agreed to not mention Mr. Sasahara on social networking systems (SNS) or give him our attention anymore. We have come to the conclusion that ignoring Mr. Sasahara is the best way to eliminate this issue.

We please ask JYJ’s fans to follow our lead and refrain from mentioning Mr. Sasahara on SNS in order to stop false information and rumors from spreading in the future.

Thank you.

Source: [C-JeS Official Homepage]

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[TRANS] 131112 [C-JeS] This is C-JeS Entertainment.

Hello.
This is C-JeS Entertainment.

Today, the person who was responsible for spreading malicious rumors and false information about the members of JYJ on DC Gallery under the ID ‘Holic’ came to our offices to give her apologies. The parents of ‘Holic’ asked us to take into consideration the fact that she is a minor and requested for favorable arrangements to be made, but we have rejected their requests. Our compensation for damages lawsuit will continue on as planned, and as we have stated before, this company will not engage in any favorable arrangements or consultations with malicious netizens.

Not only are we dealing with the recently surging spread of malicious rumors and false information about the members of JYJ, but we are also investigating all slanderous and abusive comments that are guilty of contempt with the help of the Cyber Terror Response Center’s intelligence team.

We will continue to post notices on these cases as they develop, and we would like to send a warning to those spreading malicious slander and false rumors to others.

Thank you.

Source: [C-JeS Official Homepage]

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[TRANS] 131028 [C-JeS] A Warning To Netizens Spreading Vicious Rumors

Hello.

Last year, our company declared war against vicious netizens who spread malicious rumors and attacks against JYJ.
The crimes of some vicious netizens have been  proven through countless lawsuits we have filed against them.
However, we would like to post the following notice as the number of incidents involving false rumors and malicious attacks being made online against the members has not decreased.

1) Our company has a special task team in charge of dealing with malicious netizens online, and they do their own monitoring and check over the screen-capture material that fans send in. This team is also in charge of a process that reports and files for legal compensation at investigative organizations, such as the police, when a crime has been verified.

2) In the case of the person who is active in DC Gallery under the ID ‘Holic’, they have not received a criminal penalty because they are a minor, and we are currently preparing a lawsuit against their parents instead. Because the truth of the crimes of ‘Holic’ have already been recognized, we ask that everyone deals with the posts of ‘Holic’ by not responding to them at all, and screen-capturing the evidence and reporting it to us. The same applies to ‘Sasahara’, who we talked about on our Japanese homepage. We are currently locked in a lawsuit with him at the Tokyo District Courts. We will continue to deal with malicious netizens such as ‘Holic’ and ‘Sasahara’ through the cyber investigative squad and legal representatives, so we please ask fans to deal with these incidents by not reacting or responding to them.

3) Our company is currently monitoring both portal sites and various communities, such as DC Gallery, Bestiz, and Daum cafes (closed membership). We would like to warn everyone that even if a site is only open to certain netizens through a membership system, spreading false rumors or malicious attacks are crimes of defamation and contempt that are be punishable by law. Also, we would like to stress that we will not engage in any favorable agreements or settlements with malicious netizens.

4) We will continue to post notices when verdicts are made on our lawsuits in order to stop these instances from recurring.

Source: [C-JeS Official Homepage]

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[TRANS] 131005 Lee Soo Man And JYJ’s Meeting At The National Assembly Falls Through, “To Be Discussed In The Future”

jyjleesooman

The meeting between SM Entertainment’s Lee Soo Man and JYJ (Kim Jaejoong, Park Yoochun, Kim Junsu) has fallen through.

The National Assembly held a conference on the 4th and discussed the 277 potential witness from organizations, 63 regular witness and 46 testifiers.

The most heated discussion of the day was Lee Soo Man and JYJ’s potential confrontation. The Democratic Party requested the appearance of JYJ and Lee Soo Man, a representative of their former agency, at the National Assembly to discuss the controversies surrounding contracts in the entertainment industry. The decision to request Lee Soo Man and JYJ’s attendance was not finalized in the day’s discussions, but was set to be discussed further in the future.

Meanwhile, SM and the Korean Federation of Pop Culture and Arts Industries (KFPCAI) was found guilty by the Fair Trade Commission of hindering JYJ’s activities in the music industry.

Source: [star mk]

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[TRANS] 130807 The Incheon Asian Games: JYJ Can Be Honorary Ambassadors But Can’t Appear In Related Concerts?

jyjblase“I saw this with my own eyes. I saw JYJ becoming the honorary ambassadors of the Incheon Asian Games. Although the city of Incheon uses JYJ as their global honorary ambassadors, they are trying to hide JYJ from the Korean people. You can’t see neither hide nor hair of JYJ at the music festival held to commemorate the Incheon Asian Games. A commemorative concert without the event’s own honorary ambassadors, this is a global embarrassment.”

This was a SNS post made by a JYJ fan on the 7th. When you read through it slowly, you can feel the rage simmering underneath. Various SNS sites have been filled with posts that say, “We can’t understand why JYJ, the honorary ambassadors of the 2014 Incheon Asian Games’, will not be present at the Hallyu concert held to commemorate the sporting event.”

JYJ’s fans are seething because of this. Though they have been fighting against variety shows and music programs for many years over JYJ’s absence, the situation is a little different this time around. This is because the Incheon Asian Games, a national event, is different from ‘being banned’ from the three major broadcasting companies.

JYJ have been working as the honorary ambassadors of the Incheon Asian Games since February. The committee of the sporting event revealed, “We have decided to choose JYJ, who are very popular in Asia, as the honorary ambassadors of the Asian Games in order to increase awareness and promote overseas.”

Kim Young Soo, the chairman of the Asian Games Committee, was of a similar opinion when he said, “We hope that JYJ’s global recognition will help spread the word about the 2014 Incheon Asian Games to the 4 billion people of Asia.” JYJ also recorded the official cheer song in May and have already participated in official activities as honorary ambassadors.

But their names have been excluded from the guest list of the Hallyu concert that will be held on the 1st of September to commemorate the 2014 Incheon Asian Games. If the singers who are the honorary ambassadors of the event can’t appear in the concert, then who can?

“The PR department, in charge of all activities of the honorary ambassadors, did ask if JYJ would be appearing in the concert”

jyjincheonasianganes

The list of 20 groups expected to perform at the concert includes 2AM, A-JAX, B.A.P, BTOP, EXO, FT ISLAND, miss A, ZE:A, Girls’ Day, BTS, Boyfriend, B2ST, Girls’ Generation, Super Junior, SECRET, SISTAR, MBLAQ, KARA, T-ara and TEEN TOP. Most of the groups on the list are from SM and JYP, prominent entertainment agencies in Korea. Girls’ Generation’s Yuri and Tiffany will emcee the event.

With the official title of ‘the 2013 Incheon Hallyu Tourism Concert’, this event will be hosted by the City of Incheon and the 2013 Incheon Asian Games committee, broadcasted by MBC and sponsored by the Ministry of Culture, Sports and Tourism. Starting in 2009 as ‘To The Korean Music Wave’, this will be the fifth planned concert of the series. The concert will be supervised by HH Company, run by comedian Lee Hyuk Jae, the Incheon Development and Tourism Corporation and the Incheon Times.

Regarding the guest list, a representative of the Committee’s Cultural Events sector stated, “The list is not set in stone,” and “From what I know, the details are still being ironed out.” When asked about the appearance of honorary ambassadors JYJ, they replied, “The PR department, in charge of all activities of the honorary ambassadors, did ask if JYJ would be appearing in the concert.”

Simplified, this implies that the activities of the honorary ambassadors and the appearance in the concert are handled by two different departments, meaning that they are being dealt with as two different issues. If the PR department had to go so far as asking about JYJ, this could be seen as saying that their appearance has not been discussed with HH Company at all.

Also, the committee representative emphasized that the guest list was not confirmed. One wonders if 20 teams will actually be able to perform at a concert that goes from 7p.m. to 9:30p.m.. Though it’s said that this will be the fifth concert of the series, last year’s concert by HH Company and MBC Music was cancelled one week ahead of the concert due to various rumors, receiving the ire of Hallyu fans who were planning to attend the event.

Entertainment agencies are able to exclude honorary ambassadors from the guest list?

On the 24th of July, the Fair Trade Commission found SM Entertainment and the Korean Federation of Pop Culture and Arts Industries guilty of interfering with JYJ’s broadcasted appearances and activities as singers. Kim Jaejoong, Park Yoochun and Kim Junsu left TVXQ in 2009 and formed JYJ, but were blocked from appearing on broadcasted shows by SM in 2010 whe the agency sent a notice to 26 licensees in the industry.

Common sense dictates that there should be no issues anymore surrounding JYJ’s appearance on broadcasted programs. Considering the fact that JYJ’s Park Yoochun helped raise the viewership of KBS’ ‘SungKyunKwan Scandal’, even taking him to the broadcasting company’s end-of-the-year awards, KBS should ‘logically’ be the first to break the dam.

In reality, there seems to be something that is above the FTC’s verdict and the Asian Games’ committee. The fact that the Asian Games’ own honorary ambassadors can’t perform as singers at a concert under the sporting event’s name is not only illogical, but also terrifying as it shows that the ‘silent but deadly’ force of large-scale entertainment agencies still dominates the pop culture industry.

JYJ’s shackles have been highlighted by the FTC’s verdict, and many are curious to see if this ‘unlawful’ wind will further affect the activities of the Incheon Asian Games’ honorary ambassadors.

Source: [ohmystar]

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[TRANS] 130805 Junsu Mentions The FTC’s Verdict, ‘There Are No Issues Surrounding Our Broadcasted Appearances Now

junenoissuesftc

JYJ’s XIA Junsu recently opened up about the Fair Trade Commission (FTC)’s verdict on SM Entertainment (SM)’s interference.

On the 4th of August, XIA Junsu held the Seoul leg of his Asia tour at COEX and said, “The FTC has made a corrective order and we’ve won our lawsuit.”

XIA Junsu said, “The articles may make it seem like it’s a repeat of wins and losses, but if you look at it properly, you’ll see that we’ve won all our lawsuits till now. They called it a settlement but that’s because they were disappointed at the outcome.”

He continued to show his gratitude to his fans as he said, “Now, there are no issues surrounding our broadcasted appearances. When we do get to appear on TV again, I’ll be sure to talk about you all. I’ll always try to repay you with great music and performances.”

On the 24th of July, the FTC placed a prohibitive order against SM for interfering with JYJ’s activities as singers  and said, “Considering the leverage that SM Entertainment has as one of the three biggest entertainment agencies in Korea, as well as the specific nature of the KFPCAI as an organization in the entertainment industry, the official notice that was released placed a considerable amount of pressure on the recipients.”

To the KFPCAI, the FTC laid down a corrective order that stated, “The KFPCAI must notify the 12 business associations in the organization, as well as the 26 licensees who received the official notice, of the corrective measures that have taken place.”

Source: [mydaily]

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Petition for JYJ Participation in Korean Music Programs

Here is a link to a petition to sign for JYJ’s opportunities on Korean Music Programs.  Thanks for all your hard work…  🙂

drmkhanJul 30, 2013 at 4:31 am

Please sign the petition to allow JYJ to perform on Korean music programs!
http://www.change.org/petitions/kbs-allow-jyj-to-air-and-participate-on-kbs-programs#share

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[TRANS] 130728 Requests Flood In For Kim Junsu’s Appearance On ‘Inkigayo’ But The Staff Stay Silent

juneinkigayo

The viewers’ request page of SBS’ ‘Inkigayo’ has been flooded with fans asking for JYJ’s Junsu to appear on the show. This has been happening for all three major music programs, including KBS’ ‘Music Bank’ and MBC’s ‘Show! Music Core’.

One viewer stated, “Till when will you tread on glass around large entertainment agencies and concede to their every whim,” and “Viewers are bored with the same celebrities always appearing on the show, and people don’t watch the show anymore because they’re bored.”

They continued to add, “The FTC have made their verdict, and now is the time to give Junsu an chance,” and “We want to see Junsu, the frontrunner of K-pop, on a broadcasted stage in Korea.”

JYJ left TVXQ in 2009 and since then, have been unable to appear on broadcasted music programs due to external pressure. The FTC recently found SM Entertainment and the Korean Federation of Pop Culture and Arts Industries guilty of interfering with JYJ’s activities. With the FTC’s verdict made on the 24th, JYJ’s fans began expecting to see JYJ on stage in the near future.

However, the staff of the show have stayed silent, regardless of the viewers’ requests. Although it has become the hottest issue of the week in K-pop, not a single staff member of any broadcasted music program has expressed his or her opinion on the matter through official posts, SNS accounts or news articles.

In order to ‘strengthen communication with viewers’, all three major broadcasted music programs

have incorporated SNS points, and text message votes into their ranking systems, but they have stayed silent when it comes to requests made by the viewers themselves. Broadcasting companies use viewers when they need to, but do not reflect their requests or opinions at all.

Another viewer stated, “Legally, all restrictions against JYJ have disappeared,” and “We hope that the media remembers that their most important role is to promote fairness.” It is time for the staff of music programs to express their official stance to gain the trust of their viewers.

Source: [hankooki]

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[TRANS] 130727 [Choi Ji Yae’s Epilogue] JYJ, Will They Be Able To Escape The Tunnel And Fly Again

jyjbiffmydaily

SM “The FTC’s verdict is unfortunate” VS JYJ “We saw a ray of hope”

 

The Fair Trade Commission (FTC) laid down a prohibitive order on SM Entertainment and the Korean Federation of Pop Culture and the Arts (KFPCAI) on the 24th. This order prohibited the two parties from interfering with the broadcasted and musical activities of idol group JYJ (Kim Junsu, Park Yoochun, Kim Jaejoong).

 

In July of 2009, JYJ filed an exclusive contract nullification injunction against SM as members of the idol group TVXQ, claiming that the exclusive contract signed between the two parties was unlawful. Since then, SM and JYJ had been locked in a legal dispute over the validity of their exclusive contract.

 

According to the FTC, JYJ released their first album in October, 2010, during their lawsuit with SM, and attempted to restart their activities as singers but were met with an official notice by SM and the KFPCAI that asked 26 companies in the broadcasting and distribution industries to refrain from working with JYJ.

 

Regarding this, the FTC stated, “Considering the leverage that SM Entertainment has as one of the three biggest entertainment agencies in Korea, as well as the specific nature of the KFPCAI as an organization in the entertainment industry, the official notice that was released placed a considerable amount of pressure on the recipients,” and “This incident is significant as it has prohibited a large-scale entertainment agency from using its influence and working with a business organization to prohibit the activities of celebrities currently locked in a legal dispute with the agency.”

 

The FTC also ordered the KFPCAI to, “notify the 12 business associations in the organization, as well as the 26 licensees who received the official notice, of the corrective measures that have taken place.”

 

Regarding this order, the FTC explained why they had not made SM pay a fee as they stated, “We do not believe that SM benefitted economically from this event, and we believe that a prohibitive order is enough as a warning for other entertainment agencies as well.”

jyjbiffmydaily2

The most important question surrounding the FTC’s order is whether JYJ will be able to appear on broadcasted shows in the future. As it has now been accepted by the FTC that JYJ have been faced with limitations in their activities, many are wondering if JYJ will finally be able to let their activities take flight.

 

Regarding this, CEO Baek Chang Joo of C-JeS Entertainment stated, “Although JYJ’s legal dispute with their former agency was concluded in April, JYJ still suffered from unlawful external pressure. Including the unilateral notification they received from their album distribution company recently, it is an undeniable fact that JYJ have unlawfully been restricted from appearing on music programs, even when they release albums.” He also added, “But if policies and institutions continue to be the foundation of change, as they were today, we believe that JYJ will be able to perform on a fair stage in the future.”

 

JYJ stated, “We hope that the FTC’s verdict will allow us to freely pursue activities in the entertainment industry and to stand on a fair stage in front of the public. Although a long and dark tunnel still lies ahead of us, we saw a strand of light in the far distance flash by our eyes. We will continue to walk towards that light, and we will always do our best to repay everyone with great performances and activities.”

However, SM released an official statement that read, “It is unfortunate that such a verdict was made, although there was no evidence to prove that such interference had taken place,” and “SM is currently reviewing the option of pursuing legal action against this latest decision.”

With such differing stances coming from both sides, there are may opinions surrounding this issue that exist in the industry. The FTC’s order is very meaningful as a symbol, but the opinion is split on whether it will actually translate into change in reality.

One representative in the industry saw the verdict in a positive light as he stated, “The verdict made by the FTC is a symbolic precedent against large-scale, influential entertainment agencies. The entertainment industry is changing from a food chain into an environment that everyone can be a part of.”

On the other hand, another representative believed that the order would not be able to make any lasting change as he stated, “Though the FTC have made their verdict, we still can’t say whether JYJ will be able to appear on variety shows or music programs. The industry has agreed that the issue is whether the broadcasting companies will take the necessary big step.”

One representative of the broadcasting industry gave a more skeptical opinion as he stated, “I’m doubtful that the FTC’s verdict will have a positive effect on JYJ’s broadcasted activities.”

He also added, “Though the FTC has sided with JYJ, what’s important is how SM accepts their verdict. If JYJ are able to freely pursue activities in the industry after the verdict, wouldn’t that basically mean that SM and the KFPCAI admits to interfering with JYJ’s activities? I don’t think it’s a simple problem.”

A representative who works in management at an agency emphasized, “People are curious to see how SM will react as a large-scale entertainment agency. And it’s true that the FTC’s verdict has hurt SM’s image to an extent. But if JYJ were now able to freely pursue activities as singers, SM would no longer be associated with the term ‘Tyranny of super powers’. As the frontrunner of K-pop, SM must make a wise decision.”

Source: [mydaily]

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[TRANS] 130724 [C-JeS] Our Official Statement Regarding The FTC’s Verdict Of SM Entertainment’s Interference

C-JeS Entertainment’s statement on the rectification order made by the FTC on SM Entertainment-KFPCAI for interfering with JYJ’s activities as singers is as follows. (Official statement by CEO Baek Chang Joo)

We would like to thank the FTC for conducting such a transparent investigation for the past three years to eradicate unlawful actions in the industry, collecting evidence of SM Entertainment and principal agents in the culture industry, such as the Korean Federation of Pop Culture and Arts Industries (KFPCAI), unilaterally and systematically interfering with JYJ’s broadcasted appearances.

The investigation gave irrefutable evidence that SM Entertainment had violated the Monopoly Regulation and Fair Trade Act by abusing their monopolistic and superior leverage in the entertainment industry to disadvantage those who have different opinions multiple times. We believe that the FTC’s recent order to rectify such actions will shed light on the tyranny of super powers in the industry who go against the innovative economy policies of the current government.

The development of our nation’s entertainment industry, signified by the Hallyu Wave, will only take place if the creativity and diversity of every participant is respected and guaranteed. This means that we must no longer be swept up in the despotism of the few super powers in the industry. If the Hallyu Wave develops henceforth on the basis of a lawful mould, starting with today’s rectification order, we believe that this will be an opportunity for it to leap forth into the world again.

Although JYJ’s legal dispute with their former agency was concluded in April, JYJ still suffered from unlawful external pressure. Including the unilateral notification they received from their album distribution company recently, it is an undeniable fact that JYJ have unlawfully been restricted from appearing on music programs, even when they release albums. This is an embarrassing truth in our society today. But if policies and institutions continue to be the foundation of change, as they were today, we believe that JYJ will be able to perform on a fair stage in the future.

JYJ’s stance on the verdict is as follows.

“We would like to thank the FTC for their decision. Though it feels as though we have been locked in a hard battle since 2009 and are walking in an endless desert, today’s verdict gave us strength to keep going as it showed that the situation is slowly changing for the better. We hope that the FTC’s verdict will allow us to freely pursue activities in the entertainment industry and stand on a fair stage in front of the public. We also hope that such roads are also opened for our juniors as well.

Although a long and dark tunnel still lies ahead of us, we saw a strand of light in the far distance flash by our eyes. We will continue to walk towards that light, and we will always do our best to repay everyone with great performances and activities.”

<Reference-1 – Information relating to JYJ’s legal dispute and the FTC’s announcement>
On July 31st, 2009, the three members of JYJ claimed that their exclusive contract with SM Entertainment was no longer valid due to unlawful clauses including an extremely long contract period (13 years) that went against the social rules, an extremely biased income distribution that favored the agency, and no freedom with regards to activities during the contract period. Thus, they submitted an injunction to the Seoul District Courts to nullify the validity of their contract and on October 29th, 2009, the Seoul District Courts accepted the trio’s case and their exclusive contract nullification injunction (Seoul District Courts 2009Ka-Hap2869). Since then, the Courts have reconfirmed multiple times through multiple legal disputes between the two parties that their unilateral and forced exclusive contract was no longer valid.

In October of 2012, the FTC announced their new ‘Model standards for business transactions between entertainment management companies, celebrities (and trainees) and production companies’, which was intended to facilitate a fair working environment in the entertainment management business. Since then, entertainment agencies and the awareness of those working in the industry have changed, ensuring legal protection for those newly entering the industry, and providing a stable ground for rookies to pursue activities with no limitations. Today’s announcement by the FTC regarding the unlawful business transaction between JYJ and their former agency has proved that the two parties’ legal dispute has helped eradicate unlawful actions taking place and has become a stepping stone in creating a groundbreaking change in the industry.

<Reference-2 / 2012 November: The end of JYJ – SM Entertainment’s legal dispute>
On July 31st, 2009, the three members of JYJ claimed that their exclusive contract with SM Entertainment was no longer valid due to unlawful clauses including an extremely long contract period (13 years), an extremely biased income distribution that favored the agency, and no freedom with regards to activities during the contract period. Thus, they submitted an injunction to the Seoul District Courts to nullify the validity of their contract and on October 29th, 2009, the 50th Civil Suit Division (Judge Park Byung Dae) of the Seoul District Courts accepted the trio’s case and their exclusive contract nullification injunction (Seoul District Courts 2009KaHap2869). SM Entertainment submitted an appeal against the aforementioned verdict on April 12th, 2010 but was dismissed by the 50th Civil Suit Division (Judge Choi Sung Joon) of the Seoul District Courts on February 15th, 2011. This reconfirmed that the exclusive contract between the trio and SM Entertainment was unlawful, therefore invalid, and the verdict was made that the original verdict would stand. (Seoul District Courts 2010Ka-Hap1245). On February 21st, 2011, the 51st Civil Suit Division (Judge Kim Dae Woong) of the Seoul District Courts came to the verdict that SM Entertainment had been interfering with the trio’s activities in the entertainment industry, which including appearing on broadcasted programs, and ordered the agency not to interfere any more, as well as pay a 20 million Won fine for every instance they are caught violating this verdict henceforth (2010Ta-Gi4495).

Through a voluntary arbitration, in which it was decided that the exclusive contract between the two parties had ended on July 31st, 2009, JYJ became independent from SM Entertainment and were guaranteed the freedom to pursue any and all activities. This concluded the legal dispute between the two parties.

Source: [C-JeS Official Homepage]

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[TRANS] 130726 Even Though JYJ Won, Korean Entertainment Agencies Won’t Change… Why?

Heon Shik’s Culture Twist> The notions of gratitude, loyalty, and repayment between stars and agencies must disappear first

jyjagencies

In the first model of Korean entertainment agencies, one person had full authority as the CEO of the company. In fact, there was no division between managers and CEOs. This model still makes up the majority of entertainment agencies in Korea. But large-scale agencies have begun to move away from this point.

Agencies such as Sidus and SM prefer a method of division and specialization rather than such a vertical relationship. But this doesn’t mean that the decision process is perfectly horizontal and equally divided. Unlike the US, Korea’s entertainment agencies have a strong sense of possession rather than acting as an agent.

Ten years ago, when singers stood on stage at various awards ceremonies, the media was flooded with images of them crying and thanking their agencies’ CEOs. But these crying singers who expressed their gratitude have disappeared. Why did they cry and thank the CEOs then, and why have they disappeared now?

The singers couldn’t help but be thankful as these people were responsible for providing them with transport and housing, as well as allowing them to release album and appear on television programs, taking them to up to stardom. Were these agencies’ CEOs social philanthropists for providing an unlimited investment for these strangers and helping them attain fame and fortune?

But these grateful youths soon found out why these people had invested so much to train them. The act of discovering them, training them and helping them make their debut as stars was not an act of philanthropy, but for pure profit-making purposes. In the early 90s, SM had already invested over 3 billion Won in the debut of BoA, who was a fifth grader at the time. Of course, one can question if all that money really did go into helping her, but the bottom line is, they invested so much to the point that they were in debt. The Samsung Economic Research Institute (SERI) claims that BoA’s current value can be estimated at around 1 trillion Won.

During an interview, CEO Lee Soo Man of SM stated, “The budget for that project was 3 billion Won. But our company didn’t have 3 billion Won and had to borrow money. If I look back on what we did, I find it crazy that we did that, but it was something I really wanted to push forward.” According to data, other entertainment agencies invest around 2~3 billion Won for 4 to 5 years before and during their respective idol groups’ debut.

At least 400~500 million Won is invested in each person. Though it may be difficult to accept this value as it is the one that entertainment agencies release to the public, it is undeniable that a large sum of money is put into each person. The larger and more specialized an agency, the more money that is invested.

Their motivation behind putting themselves in debt and getting monetary investments to feed and clothe singers, and give them a chance to perform, is nothing but to collect profits. The moment when astronomical amounts of profits start coming in is also the moment when the gratitude turns to resentment.

Celebrities who are trained through various investments are considered the agencies’ assets. They cannot make the decision to move on by themselves. Because that is when they become disloyal beasts who bite the hand that feeds them. Slave contracts are just one of the risk hedges that agencies take on.

In the case that singers don’t become popular even though a lot of money and resources have gone into their careers, or if too much money has had to be used, agencies have to be able to extract that profit from them without them moving somewhere else. The reason why an unlawful slave contract exists, even when the profits are high, is because of a strong sense of possession that agencies have. The concept of ‘Because I made you what you are’ is very predominant.

This Korean reality can be seen in the possessive obsession that parents have on their children. Jang Yoon Jung’s disputes with her family is a clear example of this. If such obsession occurs in a family to such a degree, it must be worse in entertainment agencies. You can earn between 100 billion to 1 trillion Won if your initial billion-Won investment in an idol goes well.

This is the reason why they put themselves into debt, and push debt onto others. Because once a star rises, they bring in an exponential amount of profit. This strengthens the agencies need to bring in more for themselves. The stronger the belief that these singers are the products and possessions that the agencies created, the more unlawful the contracts become, at least, for the members in these idol groups.

In July of 2009, JYJ claimed that their exclusive contract with SM was unlawful and filed an exclusive contract nullification injunction. The contract period was 13 years, too long to be fair, and the income distribution favored the company too much. When JYJ left TVXQ, the Korean Federation of Pop Culture and Arts Industries (KFPCAI), which SM is affiliated with, sent an official notice to broadcasting companies and ordered them to not allow JYJ to appear on their shows. Pushed by the wish of the agency, the broadcasting companies accepted this request and didn’t allow JYJ to appear on their shows. JYJ were even stopped from airing their documentary and chased away from showing it in cinemas. They were unable to approach the public through the media. Although the KFPCAI’s influence reached the album and online music file distribution companies as well, JYJ sold over 300,000 copies of their first album. The reason why such an amazing feat could take place was because of JYJ’s domestic and international fans. The Fair Trade Commission (FTC) came to a verdict that found SM and the KFPCAI guilty of interfering with JYJ’s album distribution and broadcasted television appearances, and this was thanks to the active participation of JYJ’s fans.

Paradoxically, these groups of fans are formed through the resources and marketing of large-scale agencies. If they had not laid down a sturdy foundation, singers would not have been able to attract fans both domestically and overseas. This is the point that entertainment agencies drive home. On the other hand, agencies are not needed to create idols anymore like before. This is because the product rotation cycle in idol stardom has gotten very short.

The US agency system invests less energy in the training of talent. They have a model that takes people who are already on their way to becoming singers, and increasing their value to collect their profit. They are not of the mindset to start from scratch and perfect the package like Korea is. We cannot say which is right and which is wrong, but thinking of people as mere products and restricting them from gaining their own independence for the sake of profit is not an act of fair business transactions, but a violation of human rights.

Therefore, JYJ’s current predicament makes one wonder if Korea will be able to transition into the US agency model. However, the reason why the Korean model was able to create the Hallyu Wave is not because of this agency mentality, but because of a business asset mentality. The possession mentality has overpowered a sense of being the connector or representative.

A collective production process has its own pros and cons. It works in some markets but doesn’t work in others. If it stops working in the markets it used to flourish in, and is unable to expand into new markets, the Hallyu Wave will meet the same fate as Hong Kong movies. If profits don’t match expectations, regardless of the large sums of money invested into projects, and standard contracts are obeyed, investment capital will actually decrease.

We will have to wait and see if any broker-like agency models will arise in the 21st century that connect independent contents rather than producing and creating their own music. But this will only be possible if more opportunities are given to talented people to stand in front of the public and show off what they’ve got. Only then will independent contents, bolstered by each individual’s unique characteristics, be created.

Without such a thing, the tragedy of not being able to reach the public without getting along with certain people will perpetuate, creating even more inequality. Creative contents cannot be created in such an environment. “Let go of your obsession with your children. They are not your property.” Excessive affection and involvement will become a thing of the past. Loyalty and faith, gratitude and repayment will disappear as an outdated mentality.

Source: [dailian]

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[TRANS] 130724 JYJ’s FTC Verdict, 180,000 Fans Come Together To Solve The Problem

– SM and the KFPCAI have received a rectification order, the efforts of fans in the past three years has been tremendous
– 80,000 people participate in petitions during 3 weeks of 2011. Total participants in the movement is 180,000 people

jyjftcverdict

The fans move, and the fans succeed.

The Fair Trade Commission (hereafter known as the FTC) has sided with JYJ’s Kim Junsu, Kim Jaejoong and Park Yoochun, aided by a whopping 180,000 signatures from JYJ’s fans. On the 24th, the FTC prohibited SM Entertainment (hereafter known as SM) and the Korean Federation of Pop Culture and Arts Industries (KFPCAI) from interfering with JYJ’s activities. In their announcement, the FTC stated, “We received many petitions from fanclubs, asking us to allow JYJ to appear on broadcasted programs.” It was found that these ‘petitions from fanclubs’ were the work of both domestic and overseas fans. Some people on Twitter wrote, “The petitions mentioned by the FTC are those that were signed by 180,000 international fans. We were told by the judge that our petitions had been accepted.”

In an interview with edaily StarIN, Lawyer Lim Sang Hyuk, who was in charge of legal advice for JYJ, stated, “The latest decision by the FTC was a result of the fans’ efforts, rather than the work of C-JeS Entertainment or our legal team.” Lawyer Lim stated that the fans were the ones to collect and submit the petitions, as well as file the initial report, and today’s verdict was a result of the FTC investigating exactly what the fans had reported.

JYJ’s fans submitted their petitions to the Seoul District Courts and the Fair Trade Commission on the 28th of February, 2011. One fan who was studying in law school in the US at the time headed the petitions, which were translated into ten languages including French, Portuguese, Turkish and Spanish. Starting on the 2nd of February, the petitions collected a total of 86,418 signatures from 118 countries in a mere three weeks. The petition was submitted to the FTC as a report that required a legal solution. More petitions were added later to bring the number up to 180,000 participants.

The results led to the FTC announcing on the 22nd, “JYJ released their first album in October of 2010 and tried to resume their activities as singers, but SM and the KFPCAI interfered with their activities in the entertainment industry by releasing an official notice that asked those in the industry to refrain from inviting or allowing JYJ to appear on televised programs.” C-JeS Entertainment expressed their welcome for the verdict as they stated, “We believe that the FTC’s recent order to rectify such actions will shed light on the tyranny of super powers in the industry who go against the innovative economy policies of the current government.”

Regarding this, SM stated, “It is unfortunate that such a verdict was made, although there was no evidence to prove that such interference had taken place,” and, “SM is currently reviewing the option of pursuing legal action against this latest decision.”

Kim Junsu, Kim Jaejoong and Park Yoochun, who are former members of TVXQ, brought up the issues surrounding their exclusive contract with SM in June, 2009 and entered a legal dispute with the entertainment agency. Both sides were then locked in a legal battle regarding the validity of their exclusive contract, which finally came to an end on the 28th of November, 2012 through a settlement.

Source: [edaily StarIN]

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