Tag Archives: TVXQ VS SM Entertainment

SMEnt Blames JaeChunSu For Cancelling Activities – JCS Respond

*Updated with JaeChunSu’s Response:*

Their representative said, “The three members want to stand on stage as soon as possible.”

He also added, “They said that they will perform at the concert in China if SME revealed their contract details. However, they are very disappointed that SME decided to cancel the concert without even discussing or attempting to show the contract.”

this is going to go on forever -___-”

SM Entertainment revealed their stand for their discord with trio Hero JaeJoong, Xiah JunSu and Micky YooChun of group Dong Bang Shin Ki through reports on 13th november.

SM Entertainment said, “We gave the deadline for the 3 members to give us a reply about Dong Bang Shin Ki’s comeback in Korea next year by 12th November previously during our press conference on 2nd November. But we did not get any response. This has hence make the group’s comeback in Korea next year impossible.”

SM Entertainment also added, “The trio has agreed to carry out the schedule planned on basis of the basic contract between the company and the group before the court during the time when the trial was on going. But after part of the trial judgement came out, the trio said they will not participate or the coming concert performance on 21st November in Chin which is part of their Asian concert tour performances decided as of June 2008, and for subsequent concert performance, they have stated that they may not be participating for them.”

“We will decline the idea for the 3 to promote as Dong Bang Shin Ki. This will have adverse effects on our company’s artistes as well as concert performances scheduled in China.”

source: newsen + sookyeong

shared by: fanaholic@wordpress

the only thing SM probably regrets is not being able to milk his 3 cash cows anymore.

taqiah~

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TVXQ Slave Cotract Revealed

trans: jeeelim5@Tohosomnia

source: OneTVXQ + allkpop

Exclusive Contract Periods – ‘TVXQ’ is 13 years and ‘BoA’ is 15 years

TVXQ’s Kim Jaejoong finalized his contract with SM on May 14th, 2003, Kim Junsu on February 12th, 2000, and Park Yoochun on June 30th, 2003. There were five changes to the contract after this. The contract period was extended from 10 years to 13 years and the income division was slightly increased for the celebrity. However, the clauses regarding the extended contract or compensation which were ruled by the Courts as unlawful were not changed. The five changes of the contract occurred in December, 2003, February, 2007, March, 2007, October, 2008 and February of 2009.

If you look at the contract, it can be seen that SM holds almost no obligations. All there is for the agency to do is to take care of the group’s popularity and tell them of their activities. On the other hand, TVXQ must follow the orders of the manager SM gives them, and cannot personally make any promises or contracts regarding activities.They cannot talk about the internal affairs of SM. If a show or performance has a setback for no special reason, TVXQ must compensate. They must make two full albums every year and must release an album six months before the termination of their contract and perform all activities diligently. TVXQ must get permission from SM to give any of their compositions or arrangements to a third party. But SM is allowed to give any SM singer TVXQ’s compositions without the consent of TVXQ.

Although the income division aspect has improved, they do not receive any money until at least 50K copies are sold. If they sell 50K~100K, the group receives 2% of sales, sell 100K~200K and receive 3%, sell over 200K and they receive 5% of total sales. The group must then split this income. If the appearance on a show is not regular, SM receives all the money for publicity. If the contract is terminated for any reason, TVXQ must pay compensation worth three times the investment money and twice the amount of their forecast income as well. This also applies when both sides have agreed to the termination or when SM is the cause of the termination.

OMG at this point of time i think I’ll be highlighting all the text -_-“

Exclusive Contract Content

Clause 1 (Purpose)
For the effective celebrity activities of ‘B’ (TVXQ), all legal actions dealing with all activities, appearances and such will be dealt by ‘A’ (SM Entertainment) or the manager chosen by ‘A’. ‘B’ cannot make any personal promises or contracts regarding his activities and must only focus on what they have been given.

Clause 2 (Contract Period)
1. The contract period will begin at oooo. oo. oo(The latest contract signing date) and will end 13 years after the debut date of ‘B’ in the industry (album release, appearance as a supporting role in a movie or drama – movie: 20 scenes or more, drama: 12 scenes minimum per episode).
2. In the case that ‘B’ is unable to perform normal activities due to a personal reason, the contract period will be extended by that amount of time.

Clause 3 (Assignment of Rights)
1. ‘A’ has full rights for the maintenance of all of the TV appearances and activities performed by ‘B’.
2. During the contract period, ‘B’ must diligently perform all activities decided upon by ‘A’, ‘B’ is not allowed to perform any activities without the consent of ‘A’ during the contract period, and if this clause is violated, the appropriate consequences will be taken stated in Clause 11, subclauses 1, 2 and 3.
3. All TV appearances and authority of ‘B’ are held by ‘A’.
4. ‘A’ has the rights to all albums and recorded songs (including unreleased songs) that were created during the contract period. All income division after the contract period has terminated has already been determined by the exclusive contract.
5. ‘B’ must give ‘A’ all rights such as the right to reproduce goods, copyrights, the right to release albums, distribution rights, airing rights, performance rights, karaoke, right to create second hand goods regarding any compositions, arrangements or lyrics done by ‘B’.
6. ‘A’ is allowed to use the songs recorded and produced during the contract period in any form. (‘A’ is allowed to reedit and reuse any song in the form of L.P, M.C, CD, CD-FMV, DC-FMV, CD-I, CD-V, CD-G, L.D, VIEDO, limited edition albums, best albums, commercials, movies, picture, VIEDO filming, MP3, any music files.)
7. In order for ‘B’ to give a third party other than ‘A’ lyrics, compositions or arrangements, ‘B’ must get the permission of ‘A’ in advance.
8. The manager of ‘B’ must be chosen by ‘A’, and he must diligently work to maintaining the schedule of ‘B’.
9. ‘A’ is allowed to use any lyrics, compositions or arrangements that ‘B’ made in any album ‘A’ is creating other than the album of ‘B’.
10. ‘A’ is allowed to transfer and use all or a partial amount of the contract’s content in other businesses. But if ‘B’ says in advance that he is completely against this, this no longer applies.

Clause 4 (Contract Mandate)
What is under the maintenance of ‘A’ is listed here and this is applicable for all domestic and overseas activities, ‘A’ is allowed to transfer and use the rights of this contract, and can give the maintenance to another company.
1. Contracts for TV appearances and schedules (including the internet)
2. Contracts for domestic and overseas performances and events
3. Contracts for movies and commercials
4. Control of illegal use of pictures of ‘B’ (copyrights etc)
5. Contracts for use of lyrics, compositions and arrangements
6. Maintenance of any legal problems
7. All domestic and overseas activities
‘A’ will hold all ownership and copyrights for any goods created by ‘A’ during the contract period.

Clause 5 (The Responsibility of ‘A’)
1. Maintain the popularity of ‘B’.
2. Quickly report the schedule of ‘B’.

Clause 6 (The Responsibility of ‘B’)
1. ‘B’ is not allowed to reveal to the public of the contents of the contract or the internal affairs of ‘A’.
2. ‘B’ is responsible for adhering to all scheduled TV appearances or performances set by ‘A’ or the manager.
3. If a setback occurs during an appearance or a performance for a personal reason, ‘B’ is to tell ‘A’ or the manager in advance and if there was no special reason for such a setback, ‘B’ must take responsibility.
4. The manager of ‘B’ must be chosen by ‘A’, and he must diligently work to maintain the schedule of ‘B’.
5. Between the time of the contract’s termination and six months before said termination, ‘B’ must release one new album (recorded) that ‘A’ asks for, and perform activities for P.R. for said album (six months).
6. ‘B’ must, when ‘A’ wants, produce two full albums every year, and perform all recordings and activities accordingly, and work diligently in all areas. (‘A’ chooses the amount of time allotted for the creation of the album, and ‘B’ must follow accordingly.)

Clause 7 (The rights of ‘B’)
If ‘A’ asks for any demand that is not the duty of ‘B’, ‘B’ is allowed to refuse.

(that’s all???!!!)

Clause 8 (P.R. and Production Fees)
1. P.R. will be done by both sides working together.
2. During the P.R. period, if ‘A’ feels there is a need to stop the P.R., ‘A’ is allowed to do so and if ‘B’ would like to stop activities, ‘A’ will make the final decision.
3. For the production of albums that is done by ‘A’ and ‘B’, all responsibility including production fees is incurred by ‘A’ and ‘A’ is entitled to all profits or losses.

Clause 9 (Profit Division-Album)
TVXQ full contract revealed?

Clause 10 (Profit Division-TV Appearances, Events, Commercials, Rights)
TVXQ full contract revealed?

Clause 11 (Compensation in the case of a violation)
1. In the case that ‘B’ violates any of the clauses in this contract, ‘B’ must compensate for the losses incurred, and any actions or situations that may affect the activities of ‘B’ will be held accountable by ‘B’. If ‘A’ feels that it will be hard for ‘B’ to continue on with his celebrity activities, ‘A’ has the right to stop the activities of ‘B’, and ‘B’ must compensate ‘A’ for the losses. (Compensation does not mean termination of the contract.)
2. ‘B’ must pay compensation that is worth three times the amount of investment (any money used for the purpose of ‘B’) and twice the predicted profit that would be gained in the years had the contract not been terminated.
3. Even if a termination of the contract is agreed upon by both ‘A’ and ‘B’, ‘B’ must still adhere to subclause 2.

Clause 12 (Disputes and other responsibilities)
If any misunderstandings occur due to a communication error in the contract, the problem is to be solved in a mutual agreement by ‘A’ and ‘B’ based on trust.

——————————————————————————————————

In the case that A is such a ~!@#$%^&*()_++(!@#$%^&*()_+ shouldn’t he be sent back to the hellhole he came from. GRRRRR~

taqiah~

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SMEnt Agrees That TVXQ Contract Is Unfair?

SM Entertainment CEO’s Kim Young Min, who is involved in the ‘unfair contract’ dispute with his three members of TVXQ / DBSK / Tohoshinki, has recently announced a new contract policy, and that it will be put into action once it gets approved by the related authorities.

“Kim Young Min, who attended the press conference which was held on the 2nd of November 2009 at 63 Tower, has expressed, “We would collect all comments from music and entertainment industries, related government departments, cultural and tourism board, fair trade departments, educational circles and legislative bodies, based on the law to adjudicate a new contract policy. After the approval from the respective authorities, we would then put it into action. Then follow it (new contract policy) enthusiastically.”

Kim agreed, “If we are able to come out with a new exclusive contract policy based on the law, SM would like to re-contract with all current artistes based on it.”

Kim also expressed, “Under the new exclusive contract, from the moment it’s signed, it would be protected till the contract ended, if not the current situation would repeat over and over again in the future.”

“In order to prove what I have just said is nothing but the truth, we would first like to take the advice from the impartial committee,” he said.

But, everyone was not able to fully believe this announcement by SM Entertainment. Professor Lee from Korea Art University stated, “If SM do not wish to have what they have just said to turned into nothing, then they should assure them.” He continued, “Based on what SM have said, they do not wish to fully take on the advice from the impartial committee, but to forcefully come out with a new contract policy, which was questionable (their announcement).” Professor Lee ended, “If SM was really sincere about this, they should work on the new contract based on the advice and not vice versa, and then to get it approved by the representative authorities.”

source:allkpop + OneTVXQ

still behaving in such a toot manner this SM but at least there is hope for a new contact and an intact DBSK at the end. But they matter make good on their word to change the contracts though. Cassies are watching 🙂

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taqiah~

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Cassiopeia’s Official Response To Recent Lawsuit Controversy


Members of the Korean Cassiopeia, TVXQ/DBSK’s official fanclub, have released their official statement regarding SM Entertainment’s press conference regarding legal dispute involving DBSK which took place yesterday. Here is the translated version of their statement:

We 800,000 Cassiopeians would like to announce our official view in this statement. With accusations and allegations flying everywhere, we announce this in order to show the fanclub’s official standing on this matter. This statement is made by union of numerous DBSK fan cafes and we present this in the name of Cassiopeia.

First of all, we would like to say that, as fans of DBSK, we support DBSK and will not do anything to betray their trust in us. We will not trust anything besides words that come out of the DBSK members’ mouths, and we ask SME to stop actions that are intended to confuse and divide the fans.

We Cassiopeians are very disappointed in SME for holding press conference and releasing signed documents in the name of Yunho and Changmin. As the management company of DBSK, SME must not forget their job and must stop their actions intended to defame the members of DBSK and break the group apart. Also, according the the court ruling made on the 27th, SME must not make deals with third parties in the name of the three members and cannot interfere with individual works or those members. Please keep the court’s order.

To everyone who is reading this statement, please remember: the members did not take legal actions because of the issues regarding the cosmetics business. They started this lawsuit because of illegal contract length of 13 years. We fans do not understand why SME is silent about the issue of the contract length and is trying to focus everyone’s attention on the cosmetics fiasco. The goal of this lawsuit was to nullify or edit contract between SME and the three members, and we believe that they did not intend to end DBSK or move onto another management company. Also, we would like to address to reporters who sensationalize and create rumours related to this press conference. Please be careful with your sources.

We would like to ask SME one more time to not make the three members’ reputation and rights suffer with claims that have never been proven, and we would like to ask the citizens of Korea to stop creating rumours and defame DBSK. We would like to show our condolences toward this controversy.

As Cassiopeians, the fans of DBSK, we will keep our attention focused to the future actions of DBSK and SME. We will continue to side with DBSK. DBSK and fans never doubt.

— November 2nd, 2009, Cassiopeia, the fanclub of DBSK

Source: OneTVXQ + allkpop
Shared by: fanaholic@wordpress

In short, this is a rather civil message from 800 000 fans and more (coz this is not including world wide fans) who are dominantly female. as the saying goes: hell has no fury like a woman scorned. Wow. Imagine 800 000 (pissed off –  though pissed off would be an understatement) women. The drama continues~ DBSK + Cassiopeia fighting!!!

taqiah~

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TVXQ Income Revealed

I hate being the bearer of bad news/news that makes you curse but anyways here it goes:

The Court has granted the injunction filed by the members of TVXQ against SM Entertainment.The Court found that the Contract between SM and the Members was unconscionable and against public policy. Following this victory, the Members are proceeding with the main suit to ask for the rightful shares of all income generated from their activities.

The following is a summary of the outrageous terms of the Contract that relates to the distribution of income. The clear conclusion is that the TVXQ members have received next to nothing for their six years of work, and that virtually all money we spend to buy SM products stay with SM. Please read the below to see the extent of the injustice.

Please keep in mind that SM’s contract with TVXQ has been amended five times and therefore the applicable terms have varied over time. Accounting for all the resulting complexities, the truth adds up to the following:

————-

I. TVXQ has received $0 for their album sales prior to July 2008, and only a negligible amount after that date.

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Cassies Submit Petition to Protect TVXQ’s Human Rights

TVXQ fans are out to protect TVXQ’s human rights.

TVXQ fans submitted a petition that had 121,073 signatures to the National Human Rights Commission of Korea on August 28th at 1:30 pm. The petition was full of the fans’ hopes for their stars to have lawful protection for their human rights.

TVXQ fans said, “The exclusive contract between TVXQ and SME is so unlawful and so violating of basic human rights that it is hard to believe that this is the contract between the nation’s best idol group and the nation’s best entertainment agency,” and “This contract shows the dark, sinister side of the Korean agency and is shocking the nation.”

Additionally, they said, “SME, through the fact that they have bound TVXQ to a 13 year contract that can be classified as a life-contract as that is almost how long the span of a singer’s career is and through an unchanging, slack management system, is violating and damaging the human rights of TVXQ and the value of TVXQ as artistes and as Korea’s youth”
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More on JaeChunSu VS SMEnt

Unsatisfied with their treatment under their managing company, members of Korean superstar boyband Dong Bang Shin Ki, namely Xiah Junsu, Youngwoong Jaejoong and Micky Yoochun have brought their case to court.

However, once the hearing is held and if the members lose their case, a compensation sum of approximately 10.6 billion TWD will have to be paid, tantamount to forcing them into a tight corner.

At the beginning of this month, news of the three members being dissatisfied with SM Entertainment and wanting to leave had begun to surface. In return, SM declared publicly that there was no such thing, and even professed that if they wanted to leave, then they would have to pay to do so.

Once the news of this got out, the 800 thousand strong fan base of Dong Bang Shin Ki almost immediately took action, firstly by using the cancellation of the SM Town Concert to start a boycott of SM products as a form of support for their idols.

SM Entertainment has also seemingly not cared much about all of these measures fans have been taking. Instead, SM has been registering the names of their popular groups such as Super Junior and So Nyeo Shi Dae (Girls’ Generation) as well as Dong Bang Shin Ki, in order to prevent Dong Bang Shin Ki from starting over elsewhere.

According to news reports, a seminar where media experts and scholars came together to discuss this problem all stood on DBSK’s side, saying that SM has used DBSK merely for profit, and the amount that they are paid every year, five miliion TWD, is ridiculous.

Now that DBSK wants their freedom back, the price that they have to pay is far too much, and purely a device to back them into a corner that they cannot retreat out of.

The “Dong Bang Shin Ki Seminar”, co-held by fans, scholars and media experts, was held in order to examine what would happen in the case if the three members lost the case: the end result would be to pay the 10.6 billion TWD compensation sum.

Thus, fans have denounced SM as a bloodsucking company, and they wish to voice out for their idols via the SM boycott.

A/N: 10.6 hundred million TWD = 10,600,000,000 TWD = 401620143159 KRW. Please figure out the exact amount by yourself, the number is… huge.

10 600 000 000 Taiwan dollars = 401.778473 billion South Korean won
10 600 000 000 Taiwan dollars = 321 million U.S. dollars (321402040.5997)

Thank you so much iznt!

DBSK forced to a corner; freedom comes at a price of 10.6 billion TWD
SourceYahoo! News
Translated byhazel @ http://asianfanatics.net
Please take out with full credits.

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taqiah~

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