Category Archives: Litigation

Translation 110729 KBS, The Reason For JYJ’s Performance Cancellation Is?

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[Trans] 110729 KBS, The Reason For JYJ’s Performance Cancellation Is?

KBS has given its explanations against criticisms about the sudden cancellation of group JYJ’s participation in the Jeju 7 Wonders performance.

On 28 July, KBS responded to the request for an explanation for the sudden cancellation of JYJ’s participation in KBS 1TV’s “Challenge the New 7 Wonders Of The Natural World, This is Jeju.” JYJ was “supposed to participate in the KBS Jeju-produced special broadcast “Challenge the New 7 Wonders Of The Natural World, This is Jeju,” but this was cancelled by the production team.” and “the reason for this was that SNSD and f(x) whom we had initially planned to invite, replied on 15 July informing us about their availability to perform,” they explained.

“Because Jeju is an island, there is high demand for pop culture icons, but compared to Seoul and other cities, there is less availability. When we were contacted about the possibility of SNSD and f(x) performing, the production team decided that it would be a good chance to showcase such big stars on the program.” Also, “Currently, SNSD and f(x) are developing in Europe, so it was decided that they would be more effective in letting the World know about Jeju, which is currently challenging for a spot in the “New 7 Wonders of the Natural World.” and “On 16 July, around 9am, we contacted the JYJ management representative over the telephone and expressed our sincere apologies,” they announced.

The production team said, “The production PD has full authority over the negotiations and decides on the appearance list, and for the sake of a well-rounded program, we decided on the more effective artist. Things are changing even as the program is underway, and this could happen even if it’s just 5 minutes before the live broadcast.” they insisted.

After seeing this, fans said, “This is a reason that lacks logic, and will only fuel criticism” “It was already in the preparation stage of the event, and this not just about JYJ, whose performance was suddenly cancelled, but an act to cheat all artists.” “If anything, these vindications are just killing the JYJ fans once more” and other comments, demanding for a public apology from KBS.

On 20 July, JYJ were scheduled to perform as the appointed ambassadors, and sing 2 songs. However, KBS removed JYJ, and artists from SM Entertainment, the management company that JYJ were involved in a exclusive contract dispute with, SNSD and f(x) performed.

Source : [Innolife.net]
Translated & Shared by : dongbangdata.net

Momma’s Source: sharingyoochun.net

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NEWS C JES OFFICIAL ANNOUNCEMENT REGARDING JEJU Full…

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NEWS C_JES OFFICIAL ANNOUNCEMENT REGARDING JEJU (Full Translation, C-JeS Will Take Legal Action)

[News] C-JeS’s official announcement regarding Jeju (Full Trans, C-JeS will take legal action)

Hello

This is C-JeS Entertainment.

We are announcing our stance on KBS’s one-sided cancellation notification of JYJ’s appearance in KBS Jeju N7W Special Promotional Program.

Mid-April, through a phone call with the Jeju provincial government, we received their wish to appoint JYJ as an honorary ambassador to promoting Jeju’s selection in New 7 Wonders. The date in which we officially received the roles of an honorary ambassador and their reason for selecting JYJ through e-mail was April 26th.

However, it is customary for honorary ambassadors to begin their promotional activities after being appointed through an appointment ceremony and official press statements are released. Because the time in which we received the offer was during JYJ’s World Tour, we first politely declined their initial offer because we would be unable to hold an appointment ceremony.

However, the local government of Jeju-do stated that they were preparing a special broadcast program in July and that because they are preparing an appointment ceremony to be held then, they proposed that JYJ begin their promotional activities [before the ceremony] since they urgently needed publicity. JYJ, as Korea’s artist, accepted the position of honorary ambassador with responsibility in letting the world know of the domestic brand and Jeju’s 7 Wonders.

On May 4th, the Jeju local government notified the appointment of new honorary ambassadors through the press and [JYJ] officially began their promotional activities. JYJ, who was at the time holding their world tour, promoted Jeju Island and actively cooperated by filming videos encouraging on-line and phone voting as honorary ambassadors. Furthermore, last May, Jeju local government sent us a thank you mail stating that Jeju N7W were being publicized nationwide thanks to JYJ. In addition, the special broadcast program was decided to be held on July 20th, and JYJ was supposed to perform two songs and be officially appointed as honorary ambassadors.

However, on July 16th, 4 days before the concert, we received sudden one-sided notification that our appearance on television has been canceled. The reason was, “if JYJ appears, the program itself may not air,” a final notification without specific explanation. Today, although KBS claimed to have apologized to JYJ, we have only received one-sided cancellation and never an apology with official explanation.

We believe the broadcasting networks have the right to decide on the people that appear for the sake of their program. However, as this program was a special program wishing for Jeju’s appointment as the New 7 Wonders, and since JYJ has been selected as the official honorary ambassadors and have been holding promotional activities for three months, we insist on an official position from Jeju government and KBS regarding this one-sided cancellation notice.

Furthermore, C-JeS Entertainment will report the organizer, who has one-sidedly (without previous consultation with the artist) sent us a cancellation notice 4 days before the performance to the Fair Trade Commission, and will take legal action against this incident where the party promised JYJ a special broadcast program on their appointment ceremony, but deceived the artist by one-sidedly cancelling their appointment ceremony after using them for promotional activities.

Finally, JYJ’s current lawsuit is a civil suit regarding unfair contract with their previous management company, and is in reality, a weak artist’s fight against the unjust nature of exclusive contract, and thus is not a lawsuit which causes social problems or has moral issues. Furthermore, the courts have already decided that while this lawsuit is undergoing, JYJ has the right to resume their activities as free artists.

Most importantly, we apologize to JYJ fans who have received great shock through this unacceptable situation, and regardless of this situation, JYJ will continue to support promoting Jeju’s N7W as Korean citizens.

Thank You.

*****

Please give proper credits when moving/taking this post

translation credit: withjyj

Momma’s Source; sharingyoochun.net

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Fair Trade Commission Issues SM Entertainment to Revise Idol Contracts 23 December

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Fair Trade Commission Issues SM Entertainment to Revise Idol Contracts 23 December

Firm Orders were Given.

SM Entertainment received a firm order from the Fair Trade Commission to revise the unfair contracts which bind SNSD, Super Junior, SHINee, and many others to them.

On December 23rd, the Fair Trade Commission stated, “We gave them a warning to voluntarily correct the unfair exclusive contracts that their celebrities and trainees have signed. [SME] is to reduce all contract lengths by three years.”

This decision by the FTC was based off of a complaint made by TVXQ’s fanclub, Cassiopeia. The group alleged that SM Entertainment was using their status to pressure a disadvantaged (’slave’) contract onto TVXQ.

SM Entertainment’s violation, as disclosed by the FTC, lies in the unfair contract conditions. These conditions included forcing artists to sign on for a long period of time, an excessive penalty provision for breach of contract, and a one-sided scheduling of activities. There’s also a clause that allows SME to extend contracts for overseas activities without first consulting the artist in question.

According to the FTC, these contracts from SME would run ‘for 13 years starting from the day of signing‘ or ‘exceeding 10 years from the day of debut.’ In compliance with the FTC, however, SM Entertainment changed their contracts to ‘seven years from the day of debut.’

If the artists decided to terminate their contract prematurely, they were subject to heavy penalties. Artists were forced to pay three times the investment amount, plus two times the amount the artist was to have made during the entire length of the contract. In short, even though the contract was terminated, these artist would have to pay double the amount of money they would have made in ‘x’ years left.

Because of the FTC order, however, this was changed to artists now paying an average monthly sales of two years before the contract termination, multiplied by the number of months in the remaining period.

The entire clause allowing activities to be scheduled without the artist’s consent has also been removed. It has been replaced with, “All celebrities of SM Entertainment may include their opinion at any point and ask for the appropriate document copies regarding their career from SM. SM has the right to refuse should the request be unjust.”

This new revision is expected to make an influence on JYJ’s case as well.

Source: Allkpop | Shared by: rawr6127- M

Momma Source: rawr6127.wordpress.com

News JYJ Fandom News Advert — ‘Broadcast Companies Obstruct Activities ‘ Satirization + T/N

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[NEWS] JYJ Fandom News Advert – ‘Boardcast Companies Obstruct Activities’ Satirization + T/N Explainations
May 25, 2011 by withjyj

It’s the longest article I’ve ever written.
I took the time to interpret and collate all these works.
Other than the orignal article translations, the interpretations are based on my understandings.
It could differs from person to person and does not represent the intention of the original writer.
Feel free to share!

JYJ (Kim Junsu, Park YuChun, Kim JaeJoong)’s fans were not able to see them on boardcast channels so they released a press media to satirize about this issue and it’s catching a lot of attention.

The advert reads,”On moonlit night on the last day of the month a document secretly handed over. Fret not about the 3 childen who is an eyesore there won’t be an issue. No matter what the judge says, believe in the entertainment country. [T/N: Translated as accordance to the direct meaning of the peom!]” and a picture of a woman who puts a TV on her head and a man who wore a mask was following right behind the woman was included along with the poem. The advert is trying to say that because of the on-going issue that JYJ has with their previous management company, they were not able to appear on boardcast programs and their previous management company has a certain amount of influence on these broadcast companies.

On the other hand, JYJ fans requested that KBS give a formal reply with regards to the reason why JYJ is not able to attend ‘Music Bank’ and KBS replied saying, “Because JYJ who still has an on-going lawsuit, does not have an album released after 17th February and plus the circumstances differs from singers to singers who qualify to make appearance in the show, JYJ did not qualify. And, “On an additional remark, the OST that JYJ has released did not qualify to the subject.” Adding on, “About the selection of performers, it’s at the sole discretion of the production crew so until JYJ releases a new album or has some work, thereafter the production crew will decide.”

[Translation Note: The explainations of the poem and the picture is based on my own interpretations. It doesn’t represent the intention of the original writer.]

The title of the poem is “JYJ 제명가” which literally means “JYJ Commandment Song”

On moonlit night on the last day of the month – It speaks about deep into the dark on a secretive night like on a secret mission that no others should come to know about it. It happens during the midst of the night when everyone should be sound asleep.

a document secretly handed over – an important document that needs to be discussed in discreet (like in ancient times meeting in discreet and sending out hand written documents of a high level of importance) being sent out by SM to various TV stations and companies

Fret not about the 3 childen who is a thorn in your eye because there won’t be an issue. – there’s no need to even worry about those 3 children standing in your way for they won’t even be able to appear on TV as of what you’ve wanted it to be.

No matter what the judge says, believe in the entertainment country- The entertainment country do not follow the decision made by the judge and that they have their own rules and laws that they adhere to.. It begs to differentiate the different kinds of world the broadcasting companies are standing at and their viewpoint on issues and how the judge views on the issue. In short, it shows that the entertainemtn industry is like a separate country ruled by their own laws and not follow what the judge said.

Notice that single chinese character in the whole chunk of Korean words?
It means “country” in Hanja Character. The writer is trying to stress the meaning of the line of that poem. Although in Korean 예능국 which means “Entertainment Department” has the same writings as the word “국” in Hanja Character, the writer has used the chinese character to stress that the entertainment department is a country of its own and has its own set of laws and regulations which is overruled by the judgement of the judge or simply put, anyone beides those in that entertainment country ie. SM Entertainment and Boardcasting compaies.

A closer look into what the picture says

The picture shows a woman, a man and a frog. If you take a closer look at their expressions, the woman look frustrated and the man has a sheepish look. Note that his hand is grabbing the arm of the woman. The picture, according to the dressings and hair styles, protrays an image of ancient Korea. In Korea culture, it means a lot for a man to grab a woman by the arm in public area – it could be viewed as harrassement.

The woman balances a TV on her head which represents the Entertainment Country. The man behind her represents the management companies. It is well-known that Lee SooMan, CEO of SM Entertainment has a nickname call “toad” or the “wine toad” because of his looks and because he once invested in winery. Thus the toad represents him. The toad is glaring at the man and woman. Management companies buy the good looks of the Entertainment Country so they can dominate and rule it; like how a man rules his woman.

Below is the extract from the image link in the advert

Subject: Newsroom’s Idol JYJ

Huge reveal of the reason why they can only be seen on current affairs programs!

<>

1. The exclusion of JYJ 1st World Wide Album [The Beginning] from [Music Bank K-Chart] Countings
On October 2010 last year, JYJ’s album [The Beginning] has been officially released and even though JYJ received a high level of sales (as accordance to Hanteo Chart of 2010 with a number of 127 000 copies), KBS’s music program [Music Bank]‘s music chart K-Chart has totally excluded the countings of the album out of the chart with no appropriate reason.

2. [SKKS OST. “Found”] released but been exempted to perform on [Music Bank]
On August 2010, the OST of the drama SKKS which has been broacasted on KBS sold 110, 000 copies which was the first time ever that an OST has sold so well and in the album, the song “Found” which was sung by JYJ was charted on KBS’s very own music chart K-Chart as #2 for the first week of October and #3 for the second week of October. Although the song has received great results, there was not once that JYJ was able to perform that song. On May 2011, after over a long period, KBS claimed that the sales of the OST which accounts to the counting of K-Chart will be exempted and “Found” which counted towards the K-Chart in 2010 was exmpted for the reason being the rules that runs the charting has differs in 2011 from that of 2010 was revealed on January 2011.

3. [Kim Seung Woo’s Win Win] Denied of Appearance
On March 2011, JYJ’s member Park YuChun was supposed to appear as ‘Unknown Guest’ of Kim KamSu’s episode on Win Win. However, on the day that he was supposed to appear on the show, he suddenly received a notice saying that he’s not qualified to attend the variety show. With regards to this, KBS has yet an acceptable explaination for it.

Take Notice!
DNBN will open a page for fans to go and ask questions about the advert, so stay tuned! There will be a Q&A page.

***You conclude yourself what is the true meaning of this advert.***

Reference Article: [Article] How management and broadcast companies work

Source. Star Daily, TXVQ Gallery, DNBN
Translated by. inhye87 of withJYJ

Momma’s Source: withJYJ.wordpress.com

CEO of SM Entertainment Youngmin Kim Charged by…

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CEO of SM Entertainment, Youngmin Kim, Charged by the Prosecutor’s Office
김시현 기자 shyun@chosun.com
March 09, 2010

서울강남경찰서는 9일 화장품업체 W사가 인기 아이돌 그룹 동방신기 소속 기획사인 SM엔터테인먼트를 명예훼손과 업무방해 혐의로 고소한 사건과 관련, SM엔터테인먼트 김영민(40) 대표를 불구속 기소 의견으로 검찰에 송치했다고 밝혔다.

The Seoul Police, Kangnam Division, revealed on the 9th that it had sent an indictment on the CEO of SM Entertainment, Youngmin Kim (40), to the Public Prosecutor’s Office in relation to the lawsuit that the cosmetics company ‘W’ has filed against SM Entertainment for defamation and obstruction of business.

김 대표는 지난해 동방신기 멤버인 영웅재중, 믹키유천, 시아준수가 그룹을 탈퇴하고 SM엔터테인먼트측을 상대로 전속계약을 끝내달라는 소송을 내자 “동방신기 멤버들의 소송은 화장품업체에 투자해 이익을 얻을 욕심 때문이었다”고 말해 W사에 의해 두 차례 고소당했다.

Ever since the three members of TVXQ—Hero Jaejoong, Micky Yoochun, Xiah Junsu—filed suit against SM Entertainment for the annulment of their long-term exclusive contract with the entertainment management company, Kim has declared, “The reason why the three members of TVXQ filed this lawsuit was to satisfy their greed for money after investing in a cosmetics company”. For these words, Kim was indicted already twice.

W 사측은 고소장에서 “김 대표가 우리회사에게 동방신기 세 멤버의 그룹 탈퇴 책임을 떠넘겨 회사 이미지에 타격을 받았다”며 “SM엔터테인먼트가 우리 회사 중국 대리점에 ‘민•형사상 제소를 하겠다’는 내용증명을 보내 보증금 반환 사태도 벌어졌다”고 밝혔다.

The representatives of ‘W’ state, “The CEO Kim is attempting transfer all responsibility and blame for the departure of the three members of TVXQ on us and this has consequently gravely damaged our corporate image”. They also added, “SM Entertainment publicly threatened our operations in China with a civil or criminal lawsuit, which has incurred further damages and led to the loss of our security deposit.”

경찰은 “동방신기 세 멤버는 장기 전속계약을 끝내달라고 소송을 낸 것이지 화장품업체 투자와는 무관하다”고 판단했다. 지난해 10월 법원은 동방신기 세 멤버가 SM엔터테인먼트를 상대로 낸 전속계약 효력정지 가처분신청을 일부 받아들였다.

이에 대해 SM 엔터테인먼트는 “우리는 이 문제로 W사 이름을 밝힌 적이 없으므로 명예훼손도 없었다”고 말했다.

The police already concluded that “the three members of TVXQ filed the lawsuit against [SM Entertainment] in order to have their long-term exclusive contract with their management company declared invalid; their legal proceedings have noghitng to do with their investment in a cosmetics company.” In October of last year, the Court upheld the preliminary injunction submitted by the three members of TVXQ to have the effects of their exclusive contract nullified during the duration of the lawsuit. SM Entertainment continues to affirm, “we have never mentioned the name ‘W’ in relation to this problem and have thus never commited defamation.”

Source: http://www.chosun.com/site/data/html_dir/2010/03/09/2010030901479.html
Translation by: leperenands
Shared by: TheJYJFiles
Momma’s Source: TheJYJFiles

EDITORS NOTE This is so bogus I now…

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EDITORS NOTE::

This is so bogus. I now place Avex among the other kicking, screaming terrible two-year olds of the entertainment industry. How arrogant can you get!! It is so easy to posture, whine, complain, and poke fingers at JYJ and C-Jes. I’ve seen this ‘I’m afraid for the president’ stuff before. Don’t you have bodyguards? I know for a fact that JYJ would not try to harm anyone–so this in invalid. You need to look for someone else to throw this charge onto.

Avex believes that they can just snap their fingers and suspend JYJ’s activities? I don’t believe that our men were depending on Avex to promote or support them. No one is fooled by the cloying language of this post.
The tone is presumptive, implies that JYJ (and ourselves) is brainless, and is overall unconvincing.

What takes guts is to stand up and do what is right. Obviously the SM machine is still grinding away–and Avex is afraid to tip the cart. The whole dilemma (whether they know it or not) is that JYJ does not acknowlege their claims on the same basis as they have with SM. You talk about abuse on the part of the C-Jes President–you are abusing millions of people in Japan by your stubbornness and lack of humanity. You are concerned about the president of Avex. that is one person. There are millions of people in need of recovery in Japan.
Put it any way you like, it still boils down to nasty politics–and people cannot eat, drink, or be cared for by that. Momma Cha

Translation: 110428 Avex’s Statement Concerning JYJ’s Charity Event

April 28, 2011

To Whom It May Concern

Avex Group Holdings Inc.

Concerning the Charity Event by JUNSU/JEJUNG/YUCHUN

There was an announcement on April 5 this year, that JUNSU/JEJUNG/YUCHUN (exclusive artists of our company, hereinafter named “JJY”) will hold a charity support event (hereinafter called “this event”) for the Tohoku Kanto Earthquake Disaster.

This event was planned without receiving any permission from our company, which holds the exclusive management rights for JJY in Japan.

Our company has protested multiple times to the organizer ZAK Corporation (hereinafter named “ZAK Corp”) and JJY’s Korean management company, C-JeS ENTERTAINMENT, Co.ltd (hereinafter named “C-Jes Corp” ). However, they have not listened to our protests, and forced through with the ticket sales unilaterally.

Concerning our company’s above handlings, we have received many comments and requests from JJY fans that this event should push through. Or, that since the sole purpose is for charity, we should especially dissolve the exclusive contract. On the other hand, we have received protests from multiple antisocial forces. Furthermore, we were under duress that our president should be harmed, etc.

However, our company holds the exclusive rights for JJY’s activities in Japan, and we have just taken actions for the infringement rightfullly and properly.

Additionally, as we have announced in our press release of September 16 last year, there remains to be compliance problems such as the criminal record of the President of C-JeS in assaulting/blackmailing an artist (of whom he was in charge of). Moreover, the exclusive contract declaratory judgment is still going on in Korea. Therefore, we have no other choice than to suspend the activities of JJY until these are settled.

In spite of the above circumstances, ZAK Corp and C-JeS have in their joint names, and, as ZAK Corp by itself, have filed two provisional dispositions against our company to the Tokyo District Court, claiming that our company’s handlings have no legitimate basis.

Hereafter, our company will contend our legitimacy at the judicature.

Our company does not think that the JJY members themselves are aware of everything that is happening.
Our company wishes that the JYJ members will understand the situation correctly and the real intention of our company.
Additionally, as we have been consistently commenting, our company long for the day where the compliance and legal problems in Korea will be resolved, and that our company can once again manage JJY. Furthermore, to resume the artists’ activities as Tohoshinki . We will do our best in the future.

For the fans who support JJY, we understand that we are making all of you worry.
We appreciate your kind understanding on the above.

Source: Avex Group Holdings Inc
Translations: smiley @ OneTVXQ.com
Special Thanks: ミ♥ Lovedust @ OneTVXQ.com
Credits: OneTVXQ.com { One World. One Red Ocean. One TVXQ! }
Feel free to repost, but please leave the full credits intact. Thanks!

Momma’s Source: sharingyoochun.net

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Editor’s Note Refusal of Saitama Super Arena to…

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Editor’s Note: Refusal of Saitama Super Arena to Host JYJ Japanese Charity Event

You know, Folks. Some things do not change. Are you surprised that this refusal came down the pike. I’m not because I saw it coming. There is a pattern to the harassment of our mancubs, and this chapter in our constant harrassment book lies at SM’s door via AVEX. The concert is sold out, the venue was secured, and now this. I’m not surprised in the least.

My argument is this. Anyone, any corporation, whichever way you want to say it, that would refuse a charity event for victims of Japan based on politics (excuse me, “contractual issues”) alone should be drawn and quartered.

Am I angry? Yes, I am. When people are hurting and have needs as deep as this–especially your own people–you do not throw away or thwart an opportunity for them to receive help from a legitimately caring source such as JYJ. I could care less about the contracts. I could care less about SM’s claims or Avex’s claims. People are hurting out there and you have just made a major social blunder. How can you say on one hand that you are in support of the Japanese people and on the other hand bite the charitable arm that is reaching out to them. Some things just plain stink!!! The stench is exceedingly strong here, and it will be smelled around the world.

What makes SM and Co. (of which obviously Saitama Arena management is a part) think that this is a legitimate means of retribution against JYJ? That is all that this boils down to. They know how much damage this could cause, how much work is involved if tickets need to be refunded.
Our guys have hearts of gold, but obviously there are a lot of people out there who have hearts of lead, and their obvious motivation is to save their own skin at the expense of the homeless and hurting people of their own country. This is a sad day indeed, and I pray that no one gets to benefit from refusing much-needed aid to Japan. Sometimes I wonder at the maturity level of these executives who get to eat well and live well while others are suffering. It is going to take a lot of money to get Japan back on it’s feet. Obviously some people could care less. Blind leading the blind.

Momma Cha

[Trans] 110414 Notice from Super Saitama Arena – Regarding The JYJ Charity Concert On 7 June

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[Trans] 110414 Notice from Super Saitama Arena – Regarding The JYJ Charity Concert On 7 June

☆ Regarding the permit application from Zac Corporation for the event on 7 June 2011

With regards to the 7 June event stated on the homepage of Zac Corporation, although our arena is stated as the location for the event, we have not given any approval for the use of our area.

Although we have received the application for the use of our arena, due to the fact that the artist that was scheduled to perform is currently facing contractual issues, please be notified that it was decided that it would not be appropriate to approve this application.

source : [Saitama Super Arena Homepage]
translated by : dongbangdata.net
shared by: sharingyoochun.net
Our source: sharingyoochun.net

Red Alert!!!! O.K. Here goes. While read…

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Red Alert!!!!

O.K. Here goes. While reading the information from the posting entitled 110315 Investor in JYJ Concert Sues Rights-Holders for Fraud….. with the subsequent understanding that there are supposedly investors out there who put out bukku bucks to get a return on artist’s performances–this question came to mind.
If there are individuals (and perhaps corporations?) out there investing millions of dollars into production companies for the use of promotion, expenses, etc; then why did SM have such a burden that they had to assign so much cost to be covered by their individual artists and groups? Where there is smoke there is fire.
So, if I am to understand this correctly–they are sueing C-JeS, and co. even though C-JeS says that the concert rights were transferred to Warner Korea who transferred them to KimXX? It sounds like selling bad loans. This opens up a whole new school of thought on coverage of concert expenses, profit vs non-profit concerts, and who gets caught holding the ball. Also, do any of those investment profits ever in any way benefit the artist themselves? Good Question. Hey, Folks. Give me some feedback here. And if you choose to copy it, please give me credit for the original. Momma Cha

K-Pop Groups and Management

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The problems continue between companies such as SM and their artists. This article does seem to be written without a bias. It offers general information that may help our guys in the long haul.

No one is unsympathetic as to the costs of training entertainers–it is just my opinion that if the companies intiate a contract with those entertainers, there should be an effort made on the part of the company to provide sufficiently for their artist’s human needs and, yes, dreams and desires. After all, popularity can decline over the years, and at the end of the contract period who wants to be left with nothing to show for all of their hard work.

Not only that, but most companies retain the rights to their artists work while with the company, so the artists can end up without any viable thing to call their own. I love JYJCY too much to want that for them or for any other artist.  Keep Praying and Keep Fighting.

                                                                                                                            Momma Cha

Surh Jung-min, Music Correspondent

In the world of South Korean pop music, dubbed K-pop, there have been a string of disputes between popular idol groups like TVXQ, Super Junior and Kara and their management companies over their exclusive contracts.

It has ceaselessly been pointed out that there are a considerable number of problematic articles in the exclusive contracts signed in the entertainment sector. Most typical are the long-term contracts of 10 years or more. Also highlighted as problems are contract articles that violate the entertainers’ human rights, some for example that control their private lives. Also problematic is the way companies use unreasonable fines in the case of breach of contract as a tool to forcibly tie entertainers to their companies.

Despite these disadvantageous conditions, most aspiring entertainers sign these deals without much objection. This is because when there are so many aspiring entertainers, it is difficult for them to refuse. There are many instances, however, when entertainers change their mind after becoming famous. They demand to be treated in a manner worthy of their fame. There are also many instances in which other management companies try to lure entertainers over by offering better conditions.

Management companies protest that because they must invest a great deal of initial capital to make just one singer, long-term contracts and steep fines for breaking a contract are a minimum of protection. One music industry official said if a new musician releases an album, a management company must spend a significant amount of money on promotion, from 100 million Won ($89,662) to 300 or 400 million Won is the norm. In the case of major management companies, the initial investment can be even greater. Teaching dance, singing and foreign languages, taught from the time prior to their debut with foreign markets in mind, requires even more time and money.

The problem is that even if the costs are great, it is difficult to make money. Broadcast appearance fees are a pittance, and a great deal of money is required for coordinators and backup dancers to ensure frequent appearances. Profits from albums are also not huge. Even endorsements and events, a major revenue stream for signers, do not result in significant earnings for new singers.

“Even if a new singer reaches the top of the charts, he or she does not bring in much money, so for producers, three or five years will not cut it,” said one management company official. “With the exception of some big management companies, most producers are struggling.”

Despite this, many producers are still jumping into music. They look to hit the jackpot, as the music business is a model “high risk, high reward” business. With so many would-be singers, it is not easy to reform these outdated exclusive contracts and industry structures. Experts say the situation must be improved gradually by improving the profit structure and getting management companies to view their singers not simply as means to make money but as partners.

There have been loud calls to burst the bubble of promotional costs by changing the broadcast-centered singer promotion system. Broadcast companies should try to discover good music rather than dancing to management company promotion, and the public, too, should become an active consumer that looks for good music rather than just the music played on the radio.

Another basic change, too, would be to improve the digital music profit distribution system, in which music site and mobile telecommunication companies take an excessive share, to produce a market structure where performers could make money from their music alone, not advertisements and events. The Fair Trade Commission and other government bodies urgently need to keep continuous watch and make efforts to improve the situation so that unfair acts do not take place in the digital music market or in exclusive contracts with management companies.

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credit: The Hankyoreh
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