[TRANS] 140610 Woman Who Threatens Park Yoochun With Personal Information Leak Is Given A 10 Month Prison Sentence

chunnielawsuitjailforculprit

A woman in her thirties who threatened to leak information about the personal life of JYJ’s Park Yoochun (28) has been given a prison sentence.

On the 10th, Judge Han Sung Soo of the Seoul Central District Courts sentenced Ms. Kim (30) to 10 months in prison.

The courts stated, “The damages amounted to 100 million Won and the two sides did not reach a settlement,” and “The nature of the crime is severe as the defendant deceived the victims, and negatively affected the image of the celebrity and entertainment agency.”

However, the Courts did take into account that the defendant returned the money she took, as well the fact that the details of what was saved on the mobile phone device in question were not released.

Last February, Ms. Kim found the mobile phone of one of Park Yoochun’s close acquaintances in front of a building in Chungdam-dong. She then called Mr. Park and his agency and threatened to, “Release the pictures and texts saved on the mobile phone.”

Ms. Kim met with the owner of the mobile phone, who was a manager in Mr. Park’s entertainment agency, and demanded 100 million Won in return for not releasing any of the information contained on the device. Ms. Kim was soon caught after receiving the money, and was handed over to the Courts to be tried for her crimes.

Source: [kmib news]

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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.

jyjtvdaily1

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] 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] 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] 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 Official Statement, “We Are Grateful For The FTC’s Verdict, It Gives Us Strength In This Endless Battle”

JYJ have spoken up regarding the recent decision made by the FTC.

On the 24th of July, the Fair Trade Commission (hereafter known as the FTC) has ordered SM Entertainment and the Korean Federation of Pop Culture and Arts Industries (hereafter known as the KFPCAI), a coalition of 12 pop culture related organizations, to rectify their actions of interfering with JYJ’s broadcasted appearances and activities as singers.

Regarding this, C-JeS Entertainment’s CEO Baek Chang Joo stated, “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 KFPCAI, unilaterally and systematically interfering with JYJ’s broadcasted appearances.”

jyjblase

CEO Baek Chang Joo welcomed the FTC’s verdict as he stated, “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.”

He also stated, “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 waves develops henceforth on the basis of a lawful mould, starting with today’s ‘rectification order’, we believe that this will be an opportunity to leap forth into the world again.”

CEO Baek Chang Joo added, “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 stated, “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.”

They continued to add, “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.”

Meanwhile, the FTC charged SM and the KFPCAI for interfering with JYJ’s activities in the entertainment industry when the group released their first album in October, 2010 after filing for independence from SM due to issues regarding an unlawful contract.

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

Source: [newsen]
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[Trans] 130709 Kim Junsu’s Reps Refute Loen, “You Say That We Were Still Only In The Discussion Process?”

[Trans] 130709 Kim Junsu’s Reps Refute Loen, “You Say That We Were Still Only In The Discussion Process?

Loen’s nullification of promotional marketing strategies for Kim Junsu’s latest album has become a controversy.

Through an official letter of plea on the 9th of July, C-JeS Entertainment stated, “On the 8th of July, six days till the release of XIA (Junsu)’s second solo album, we received a unilateral notification from the album’s distribution company Loen Entertainment.”

According to C-JeS, Loen has cancelled all verbal agreements made in the past two months, and unilaterally notified the agency that they would still distribute the album online and offline, but would nullify all other promotional marketing strategies. The crux of the controversy is the broadcast of the singer’s showcase, which is set to be attended by Melon users, on MelonTV. Loen is said to have notified C-JeS that the event would be broadcasted live on LoenTV, but would be impossible to disclose on Melon.

To Newsen, Loen made a clarification and stated, “Regarding Kim Junsu’s showcase, C-JeS and Loen had not yet completed and signed a contract. This problem has arisen in the final stages of discussions between the two parties.”

They continued to reveal, “Many statements conditions and requests have been said between the two parties in the discussion process of the contract. C-JeS poster their letter of plea in the middle so such a process, and their statement that Loen unilaterally notified C-JeS of the nullification of promotional marketing strategies is completely false. A final decision on the contract hadn’t even been made yet.”

Regarding this, a representative of C-JeS Entertainment refuted, “After receiving a sudden notification on the 8th, six days before the showcase, we sent Loen an official statement outlining our stance. We clearly stated that we would release a letter of plea to the public if Loen did not give us a reply. However, we were met with silence. Loen’s representatives keep saying that we were still in the discussion process and had yet to sign a contract, but they had already taken reservations for the album and had already begun receiving applicants for their showcase event. If we had not come to a decision, then wouldn’t it have been right to wait till we had before they went through these processes?”

Regarding the problematic showcase controversy, Loen stated, “If we had really nullified our promotional marketing strategies as C-JeS claims, information regarding Junsu’s showcase and its related event’s page would have been taken down from Melon’s homepage, but as netizens can see, the page is still open and fully functioning. The list of people who are chosen to attend the showcase will be released on Thursday (July 11th) as planned.”

However, Kim Junsu’s representatives stated, “Kim Junsu has a packed schedule planned, which includes going overseas to film a CF, as well as a concert in Thailand. However, the reason why we decided to hold this showcase was to introduce Kim Junsu’s music to the public. We prepared this free-of-charge showcase because we wanted to show Kim Junsu’s performance to the public through MelonTV because broadcasted activities are difficult for us.”

They also added, “This is a showcase our agency is paying for, but if it cannot be aired on MelonTV, there is no reason for the showcase to only be open to Melon users. We have requested a reply to this from Loen by tonight (July 9th). If this problem is not resolved by then, our agency will take the initiative to invite fans ourselves, and it would only be right for the Melon users event to be cancelled.”

  • The translations for Loen’s statements come from this post
  • C-JeS’ full official statement can be found here

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

JYJFantalk Source: sharingyoochun.net

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Editors Note: Deja Vu–We Have Been Here Before

xia11oclockitsagequacy

Here we go again. Just when you think that things are getting better and you start to breathe a little easier–there comes the blow. This has happened over and over again; and I believe that the fans had relaxed into thinking that the major hurdles were over for JYJ. In reality they have just begun.

Before there was the problem with censorship, denial of contracts, and etcetera, while under the protection of the court system. Now, without the courts, those who have a problem with JYJ and their management are going to feel free to do unlawful things with no thought of repercussion. The problem is that there is no such thing as without repercussion from a fanbase as large as JYJ’s. and individually as large as Jaejoong’s, Yoochun’s, and Junsu’s.

Even if there were a totally justifiable reason for Loen’s actions, it is morally wrong to cancel such important promotional aspects of the contract so close to the release date that it impeeds the marketing, sales, and promotion of Junsu’s album.

There have been so many reasons put out there over time as to why JYJ couldn’t be given opportunities to engage with the mass public. It in now at a point where it all points to harassment. It is not right to wield power simply because you can–power is in doing the right thing so that you may support what will be beneficial to everyone..Unfortunately, it appears as if the fandom is going to have to step up to the plate and bat the ball once again. The fight is not over.

We all must be diligent to pay attention and care enough about the Boys and the music to fight for it, and their responsibility is to produce quality, appealing music for us to enjoy.. If it comes down to C-jes using the JYJ Youtube Channel to promote–we’ll be there.  Always Keep The Faith!!!

credit:  Momma Cha @JYJFantalk.com

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[TRANS] 130709 [C-JeS] A Letter Of Plea Regarding Loen Entertainment’s Unlawful Tyranny

 [Trans] 130709 [C-Jes] A letter of Plea Regarding Loen Entertainment’s Unlawful Tyranny

Hello.

 

This is C-JeS Entertainment.

 

C-JeS Entertainment (henceforth known as C-JeS) has received a sudden and unilateral notification from Loen Entertainment (henceforth known as Loen), the online and offline distributor of XIA (Junsu)’s second solo album that is scheduled to be released on the 15th of July. We would like to notify the fans and the public of the current unlawful situation.

 

C-JeS and Loen came to a verbal decision on the online and offline distribution contract for XIA (Junsu)’s second album, and came to an agreement to work together.

 

Afterwards, the representatives in charge met over five times and exchanged over 50 e-mails to work on the distribution of XIA (Junsu)’s second album. Ahead of the album’s release on the 15th, C-JeS rand Loen came to a final decision last week on the following promotional marketing strategies. (1. Showcase for Melon users, and the broadcast of the even live on MelonTV 2. Participation in a Melon Special Video 3. Promotional marketing strategies for the distribution of music to 5 online music sites)

However, we were sent a unilateral notification by Loen last night that overturned all of the previous agreements that had been made. Loen stated, “Though we will be distributing XIA (Junsu)’s music both online and offline. We have decided to nullify all other promotional marketing strategies.” Loen continued to state, “Please be understanding of this as it is a decision made within the company. Although the Melon users’ showcase will be aired live on LoenTV, it will be impossible to disclose the event on Melon.”

However, the idea of the showcase was first brought up by Loen. Through offline meetings and exchanged e-mails in June, Loen stated, “If C-JeS Entertainment holds a showcase with Loen, this will bring in more publicity for the album as it will be advertised on Melon and Melon’s mobile application,” and presented the offer of holding a showcase event. We accepted their explanation and came to the final decision to hold the showcase event with Loen, instead of a major portal site. Before sending an official announcement regarding the showcase to the press on the 3rd of July, we shared the content of the announcement with Loen and at the time, Loen stated, “We would like for information about LoenTV and MelonTV to be included.” We accepted this and implemented their suggestion before releasing the information. However, notifying us that it is impossible to disclose of the event on Melon, and that the event will be aired on Loen TV due to decisions made by those within the company, six days before the actual event itself, is in our opinion, tyranny by a super power.

Also, Loen’s statement that they will nullify all promotional marketing strategies while distributing the album online and offline, which comes a mere six days before the release date, is like saying that they will gain the profits from XIA (Junsu)’s fans but will not take on the responsibilities of the distributor of XIA (Junsu)’s second solo album.

For the past two months, Loen has had hands-on staff working on the distribution of XIA (Junsu)’s second album, and in the case of ’11 o’clock’ from XIA (Junsu)’s second album, they created a special clip and pre-released the track, also providing distribution services on iTunes. Although these actions were not laid out in a contract, they were agreed upon in an ‘actions first, contract later’ form, which can be proved through the countless e-mails, text messages and phone conversations between the two parties.

However, after the pre-release on the 2nd, the promotional banner for the showcase that was agreed upon through various e-mails and meetings has disappeared from the main page of both the PC and mobile version of Melon from the 4th of July. Although the teaser of XIA (Junsu)’s music video was released yesterday (8th), no banners or any other forms of promotion have been seen for it. Banners for other artistes working with Loen who released songs in a similar time period as XIA (Junsu) can be seen on Melon’s website and mobile application, but only XIA (Junsu)’s contents have disappeared from all main Melon pages since the 4th.

After receiving the notification from Loen last night, C-JeS’ album production team sent Loen an official document expressing their strong opposition to Loen’s actions, outlining that Loen’s plans of distributing the album without promoting or marketing is like killing the contents of the album, and that sending a notification 6 days before the release date of the album is an act of tyranny that stops us from creating a contract with better conditions. However, Loen’s answer has not changed since their initial notification.

What we can say for sure is that we have been suffering from the unseen and relentless external pressure placed upon JYJ till now, and we will not work with a super power who acts in a tyrannical nature. We will be filing a civil complaint to the Fair Trade Commission and the Ombudsman of Korea in order to bring justice to the current situation of Loen attempting to unilaterally terminate the agreements between two companies by abusing their advantaged position as a distribution company.

Also, if Loen does not reaffirm their promise to air the showcase live on MelonTV by today, we will terminate our decision with Loen to open the showcase to Melon users, and instead open seats up to a first-come-first-serve basis and air the event live through C-JeS’ official YouTube channel. We would like to apologize to the fans for such unfortunate news, and we promise to do our best to make the work behind the showcase and music distribution as smooth as possible.

Source: [C-JeS Official Homepage]

Translated & Shared by: dongbangdata.net

Momma’s Source: dongbangdata.net

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[Info] 130118 JYJ Wins Lawsuit Against Japanese Management Avex

[Info] 130118 JYJ Wins Lawsuit Against Japanese Management Avex

Following their settlement with SM Entertainment last year, JYJ seems to have rid themselves of another lawsuit by claiming victory against their former Japanese management, Avex.

C-JeS Entertainment confirmed the news by commenting, “During the trial in Japan on the 18th, it was ruled that Avex cannot interfere with the Japanese promotional activities of JYJ.”

They added, “Once the exact decision documents arrive, we will send out a press release.”

The group has been battling Avex since 2011 on the basis of interfering with the group’s attempt to put on a charity concert for the Tohoku earthquake.

With this ruling, it seems that JYJ may be able to start promoting in Japan again.

Tip: little-star
credit: allkpop

Momma’s Source: sharingyoochun.net

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[TRANS] 130113 JYJ’s Kim Jaejoong Is Still ‘Hero Jaejoong’ In His Fans’ Hearts

[TRANS] 130113 JYJ’s Kim Jaejoong Is Still ‘Hero Jaejoong’ In His Fans’ Hearts

 

There are still many fans who remember JYJ’s Kim Jaejoong as TVXQ’s Hero Jaejoong.

Ahead of his solo concert, Kim Jaejoong received suggestions from fans for songs he should sing during his concert, and a flood of request came in for him to perform songs by ‘TVXQ’.

On the 12th, Kim Jaejoong held an event that took suggestions for songs he should perform at his ‘You, My and Mine’ concert on the 26th and 27th of January through comments that were posted on his official Facebook page.

The event took place for two hours and collected around 8,800 comments and 7,500 ‘likes’. Kim Jaejoong’s popularity was proven when comments were left by fans from Korea, other Asian countries such as Japan and China, as well as overseas fans who spoke English and Spanish.

However, the suggestions showed that the fans ‘want to see Hero Jaejoong again’.

Most of the fans’ suggestions were TVXQ songs such as ‘HUG’ and ‘honey funny bunny’. There were fans who requested songs by other singers such as ‘Lovers’ by Lee Seon Hee, but most of the requests were TVXQ songs.

Hero Jaejoong, Kim Jaejoong’s stage name during his time as a member of TVXQ, ranked high on the most searched rankings of various portal sites after the event began, mirroring the wishes of the fans.

Meanwhile, former TVXQ members Kim Jaejoong, Park Yoochun and Kim Junsu (JYJ) filed an injunction against their former agency SM Entertainment on July 31st, 2009 for an unlawful exclusive contract. They have been participating in activities independent from SM ever since the Courts accepted their injunction.

The legal battle ensued between the two sides with SM Entertainment filing an exclusive contract validity confirmation and compensation for damages lawsuit in April, 2010, which was counteracted by JYJ’s exclusive contract invalidity confirmation lawsuit. The lawsuit came to an end on the 28th of November last year through voluntary arbitration.

Source: [xportsnews]

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[Trans] 121130 JYJ’s Kim Junsu Says, “This Was A Battle Against SM, Not TVXQ”

[Trans] 121130 JYJ’s Kim Junsu Says, “This Was A Battle Against SM, Not TVXQ”

JYJ’s Kim Junsu recently opened up about his group’s exclusive contract nullification lawsuit.

Kim Junsu met with reporters on the 29th at a hotel in Essen, Germany and when asked about the possibilities of TVXQ getting back together now that JYJ’s lawsuit with their former agency SM Entertainment has ended after three years and four months, he stated, “I lament the fact that I’m not able to introduce myself as a member of TVXQ.” Though it wasn’t a direct answer, it seems as though even he sees the chances of TVXQ getting back together again to be low.

Kim Junsu stated, “I, too, find this situation to be unfortunate because I entered the entertainment industry and started out as a singer through TVXQ,” and “Though the situation is unfortunate and regrettable, the title of ‘TVXQ’ will always remain in my heart and I believe that other people, and not only myself, will remember and never forget the five years that I performed as a member of TVXQ.”

He continued to add, “Nothing will ever be as memorable and fill me with joy than if I could stand on stage again as ‘TVXQ’ one day.”

 

Kim Junsu didn’t hide his affection for TVXQ as he said, “We were fighting a battle against our company (SM Entertainment) and their unlawful practices; it wasn’t that we wanted to throw away our title of ‘TVXQ’ or leave ‘TVXQ’.”

He feels the same way about the name that introduced him to the world, ‘Xiah’. Kim Junsu stated, “When I perform in musicals, I use my real name of Kim Junsu. Regardless of what name I use, I give people my all to repay them for remembering me and coming to see me. But I started out as ‘Xiah’ and I would like to keep performing under that name as a singer.”

Though Kim Junsu made his debut and became famous as TVXQ’s Xiah Junsu, he has no longer been able to use that stage name since beginning his lawsuit against SM Entertainment.

When he released his first solo album in May, he released it under the name ‘XIA’ which was his name ‘XIAH’ from his TVXQ days without an ‘H’.

Source: [star mk]
Translated & Shared by: dongbangdata.net

Momma’s Source: sharingyoochun.net

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