[TRANS]101015
JYJ States "CJeS Is Nothing
More Than An Agency"JYJ's side has retaliated against SM's exclusive contract suspension and album sales prohibition injunction that was filed to the Seoul District Courts on the 8th against JYJ's worldwide album 'The Beginning'.
SM accused the members of JYJ, Kim Jaejoong, Park Yoochun and Kim Junsu, of signing onto an exclusive contract with CJeS Entertainment even though their exclusive contract with SM as not ended yet.
Following this, the Korean Federation of Pop Culture and Arts Industry released an official notice to all broadcasting companies, label companies and online music distribution companies asking them to refrain from aiding JYJ in any way for the same reasons.
JYJ had a partial victory from their exclusive contract suspension injunction against SM Entertainment, but as their contract with the agency has not been ended yet, they would be in an illegal dual contract if they have signed an exclusive contract with CJeS Entertainment.
However, JYJ representatives stated, "JYJ have not signed an exclusive contract with CJeS contrary to what SM and the KFPCAI are insisting," and "CJeS is merely in charge of management that provides a route for domestic activities."
JYJ's spokesperson Prain stated in a phone conversation with reporters on the 15th that, "SM and the KFPCAI are insisting that there is a dual contract involved, which is causing a problem. However, this is not true. It is not that JYJ and CJeS have formally signed a contract, which would mean that JYJ would be working under CJeS, it's that CJeS is merely working as JYJ's agency."
Prain continued to add that, "JYJ have not signed on to work under a new entertainment agency, they're just leaving management-related work to CJeS to handle. It's just like how we are in charge of handling all of their publicity-related work and how Warner Music Korea is in charge of all of their album-related work."
Prain revealed that, "A misunderstanding may have occurred because the concept of an 'agency' is still unfamiliar to most people in Korea. When the overseas showcase events are done, we will officially respond to SM and the KFPCAI's claims with sufficient evidence and documents."
Regarding the scope of JYJ's independent activities, which SM is claiming as the issue, Prain stated, "This is something that has already gone through sufficient legal review," and "By law, there is nothing that would cause a problem for JYJ."
Prain implied that SM's stance lacks legal and logical validity when it was stated that, "We have confirmed that by law, SM Entertainment has no real reason to file an album sales prohibition injunction against JYJ's activities."
Source: [Today Korea+DNBN]
Translation credits: jeeelim5@tohosomnia.net
Shared by: tohosomnia.net
Do not remove/add on any credits
Definition of Agency: Fiduciary relationship (Special relationship of trust and confidence in which law demands a higher than ordinary degree of care and responsibility from the dominant or trusted party) between two parties in which one (the 'agent') is under the control of (is obligated to) the other (the 'principal') . The agent is authorized by the principal to perform certain acts, for and on behalf of the principal. The principal is bound by the acts of the agent, performed in carrying out entrusted duties and within the scope of agent's authority. An agency can be created by (1) express agreement, whether oral or written, (2) implication, based on the custom or practice of the trade, or (3) conduct of the principal. Creation of agency is essential to commercial and financial transactions, because an organization (as a legal entity) can function only through its agents.
credits: Business Dictionary
[NEWS]101015
SM puts more pressure on former TVXQ members
SM Entertainment continues to disrupt the debut of the three breakaway members of TVXQ, one of Korea’s most popular boy bands. JYJ is comprised of Jae-joong, Yu-chun and Jun-su.
On Oct. 8, SM Entertainment filed an injunction with a Seoul court to stop the release of “The Beginning,” and filed a suspension on exclusive contract with C-JES Entertainment.
C-JES Entertainment is a Korean agency that is now managing JYJ. SM Entertainment recently complained, saying that signing a contract with C-JES Entertainment amounts to holding an unfair double contract.
SM Entertainment also continues its attempt to stop JYJ’s debut in other countries. Sports Korea recently reported that SM Entertainment has sent files of complaint to the head quarter in United States of JYJ’s distributor, Warner Music Korea. “The Beginning” is recorded entirely in English and is supposedly to be released in several countries worldwide.
The Korean Federation of Pop Culture and Art Industry has sent letters to TV stations KBS, SBS and MBC and cable network Mnet, and Korean online music sites and asked them not to allow JYJ to appear on their shows and sell the digital albums.
However, Korean online music sites defied the letter and released the digital copies of JYJ’s “The Beginning” album on Oct 14. The songs in the album entered the top 10 on real-time music charts.
This coincidence is a greater source of despair for JYJ members, as they had to cancel 500 albums reserved before their showcase on Oct. 12. Since their showcase, Korea Sports has reported that there were absolutely no signs of JYJ’s on any television channels.
JYJ previously planned to have showcases in other countries to meet their worldwide fans for their debut. However, an ongoing dispute with SM Entertainment over legal issues related to their contract; it might take a while before the trio can perform without restraints.
(Herald Online)
Edited by Rob York
Credits: Korea Herald
Shared By:TvxqPowerfulGods日本FanBlog
Posted By:Sayuri JaeJoong♥
[TRANS] 101015
JYJ Albums In The Market To Be Recalled
If Injunction Is Accepted
D-Day Is The 18th
Which side will the Seoul District Courts favor?
Sports Korea has verified the reason, content and future of SM's injunction.
It was on the 8th that SM filed an album sales prohibition injunction against JYJ's first album. At the current moment, it cannot be known whether or not the Seoul District Courts will accept the injunction and consider it valid.
The issue at hand between SM and JYJ seems to be the scope of the independent activities JYJ won in their legal dispute with their agency. It can be predicted that both sides will engage in a fierce legal battle regarding this matter.
At the hearing on the 11th, Warner Music Korea, the distribution company in charge of JYJ's first album , stated, "We see the selling of this album as an act that is allowed according to the previous verdict made on the injunction filed by JYJ against SM that gave JYJ the freedom to pursue independent activities." It was told that the Courts seemed to agree with this statement.
It is difficult to predict the Courts' verdict at this current moment. However, it looks like the Courts' views formed from the hearing may determine the future of the injunction. JYJ's album was released in the market on the 14th. If the Courts' accept SM Entertainment's injunction as valid, all of the albums in the market will be recalled.
Both sides will be submitting additional documents till the 18th. The verdict is expected to be made later this month.
Source: [Sports Hankooki+DNBN]
Translation credits: jeeelim5@tohosomnia.net
Shared by: tohosomnia.net
Do not remove/add on any credits
[TRANS]101015
SM Even Sends Certification Of Contents
To Warner Music Headquarters In USASM has begun their omnidirectional pressure on JYJ.
SM Entertainment filed an exclusive contract suspension and album sales prohibition injunction to the Seoul District Courts on the 8th. Though JYJ was granted independent activities in their injunction filed against SM Entertainment last year, SM believes that the contract they have signed with CJeS is an unlawful dual contract as the Courts have not suspended the exclusive contract between SM and JYJ.
SM’s pressure is even occurring overseas. It has been confirmed that SM has sent a certification of contents to the US headquarters of Warner Music Korea, the company in charge of distributing JYJ’s album. It can be seen that SM did this due to the fact that this album was one that was released simultaneously in various parts of the world.
However, the distributor of this album is Warner Music Korea. Warner Music Korea is offended that SM has sent the certification of contents, which calls for the recipient to take responsibility for the matter, to the US headquarters and not to themselves.
The Korean Federation of Pop Culture and Arts Industry has sided with SM. The KFPCAI has sent an official notice asking broadcasting companies and online music distribution companies to refrain from allowing JYJ to appear on their shows and from distributing their music. Their reason was that JYJ was causing a negative affect on the ‘Hallyu Wave’. However, many representatives of the industry believe they are doing this because JYJ has become a ‘thorn’ in SM’s side as they have created conflict with the entertainment agency. JYJ could not be seen on TV after 12th and their ranks on online music sites have stayed in the 10s since their music was released on the 14th.
JYJ is suffering from problems from their own country. These events were more shocking as they happened right after their showcase on the 12th. The wound was bigger as they suffered from 500 ticket orders for their showcase suddenly and simultaneously being canceled right before the show.
The reason JYJ decided to fight SM in a legal battle was to participate in free music-related activities. However, with it becoming harder and harder to perform, the foundation of the group is beginning to shake. With domestic stages shut off from them, JYJ are planning to greet their fans through overseas showcase events.
An entertainment industry representative stated, “A leading entertainment agency and talented singers are locked in an emotional battle. This is game with no winners. All it will do is create scars on both sides. There is a need to approach this issue from a broader perspective.”
Source: [Sports Hankooki]
Translation credits: jeeelim5@tohosomnia.net
Shared by: tohosomnia.net
Do not remove/add on any credits
****
My personal comment:
sme go to hell! It´s ridiculous
[TRANS]101014
JYJ-Yunho-Changmin,
The 5 Members Of ‘TVXQ’ Are All WinnersMany are interested to see what lays ahead for the five members of TVXQ, a group that debuted in 2004 under SM Entertainment as the ’2nd HOT’ but is now facing disbandment.
Micky Yoochun, YoungWoong Jaejoong and Xiah Junsu, amidst their unlawful contract controversy with SM Entertainment, have created a new group JYJ and had their comeback through a showcase on the 12th.
Micky Yoochun is currently playing the lead role in the popular KBS 2TV drama ‘SungKyunKwan Scandal’ and has had a successful debut as an actor with viewers praising him on his stable acting skills.
Not only this, but the OST of ‘SungKyunKwan Scandal’, which Micky Yoochun, YoungWoong Jaejoong and Xiah Junsu participated in, sold close to 110,000 copies in less than two weeks, showing Micky Yoochun’s success as both a singer and actor.
Xiah Junsu is also busy pursuing independent activities. He made a successful transition from an idol star to a musical star through his role in the musical ‘Mozart!’, where he showcased his amazing voice and stable acting skills.
YoungWoong Jaejoong stepped up once more as an actor and appeared in the Japanese drama ‘Sunao Ni Narenakute’. After receiving the label of ‘movie actor’ from starring in ‘Postman to Heaven’ alongside Han Hyo Joo, he completed his drama in Japan with success.
They have also proven their still raging popularity by surpassing 520,000 copies of their first worldwide album ‘The Beginning’ in pre-orders.
On the other hand, Choikang Changmin, who has decided to stay in SM, took on the lead role for SBS drama ‘Paradise Ranch’, which will begin airing next January.
U-Know Yunho has also been consistently involved in activities. He appeared in the MBC drama ‘Heading to the Ground’ with label-mate Go Ara last year for his acting debut. He has also become a musical star with his appearance in the musical ‘Goong’.
Fans are proud of the members for fulfilling the expectations of and love from the fans and for doing their best as individuals, regardless of whether they have left or stayed in SM Entertainment. Many are waiting with anticipation to see what will become of the five members of TVXQ in the future, as they have become successful in both the singing and acting fields.
Source: [tvdaily+Yuaerubi]
Translation credits: jeeelim5@tohosomnia.net
Shared by: tohosomnia.net
Do not remove/add on any credits