[NEWS] 110429 JYJ sues Japanese agency over cancellation of concert
JYJ has filed a lawsuit in Japan against their management company AVEX Entertainment for interfering with their attempt to hold a charity concert.
JYJ, a boyband formed by former TVXQ members Kim Jae-joong, Kim Jun-su, and Park Yoo-chun after they filed a lawsuit against SM Entertainment for unjust contract, had planned a charity concert to aid earthquake-affected areas in Japan. However, the concert’s venues have canceled their contracts with JYJ after AVEX allegedly pressured them.
|(From left to right) JYJ’s Kim Jun-su, Kim Jae-joong, Park Yoo-chun talk to Thai fans during their Bangkok Concert on April 3. (Yonhap News)|
JYJ’s agency C-JeS Entertainment and the concert organizer ZAK Corporation have filed two provisional dispositions against AVEX with the Tokyo District Court.
AVEX released an official statement, in which they do not deny the action. “Our company holds the exclusive rights for JYJ’s activities in Japan, and we have just taken actions against the infringement rightfully and properly,” AVEX said. They also claimed that they have received blackmails and threats due to the matter.
AVEX signed a contract with three members of JYJ in early 2010 after JYJ filed the lawsuit with SM Entertainment. A few months later, AVEX announced the “suspension of activities” of three members, arguing JYJ should refrain from promoting in Japan while legal proceedings against SM Entertainment were under way in Korea.
This “suspension of activities” has kept JYJ from conducting any promotional activities in Japan. Even after the suspension, however, AVEX has continued to make profits with products such as DVDs and JYJ footage.
Due to their ongoing lawsuit with their management company, JYJ has had difficulties in their activities in Korea as well. They have released an album, held concerts globally, and acted in dramas and musicals, but have had trouble getting airtime on television entertainment shows.
Another pop group, KARA, who also had three members embroiled in a dispute with their management company DSP for nearly 3 months, recently announced they have resolved the disagreement and will continue their career with DSP.
Credit: koreaherald By Joo Hye-Mi (firstname.lastname@example.org)
[NEWS] 110430 JYJ sues Japanese agency for blocking charity concert
Through the concert, JYJ wants to help the victims of the Japan earthquake (Photo courtesy of C-JeS Entertainment)
MANILA, Philippines — K-pop trio JYJ filed a lawsuit against AVEX, the group’s agency in Japan, for interfering in the boy band’s boy band’s charity concert scheduled on June 7 at Saitama Super Arena.
More, a Japanese JYJ fan is asking other fans to sign a petition to ask the arena to allow the holding of the charity concert, which is intended to raise funds to help the victims of the March 11 earthquake in Japan.
In the lawsuit, C-JeS Entertainment, JYJ’s agency in Korea, is asking a Tokyo court to issue an injunction against Avex.
Avex said that the holding of the charity concert is being made without its permission as JYJ is still under contract with the agency.
JYJ members Xiah Junsu, Micky Yoochun and Kim Jaejoong sued SM Entertainment in 2009 to void their contract as members of boy band TVXQ.
The three then signed up with Avex in April last year to start their Japanese activities as a new group called JYJ. However, Avex suspended JYJ’s activities last September and since then JYJ has been unable to perform in Japan.
Avex suspended JYJ’s Japanese activities but it still continues to sell JYJ merchandise and DVDs.
Last April 14, Saitama Super Arena issued a statement to say that it rejected the application of Zak Corporation, the JYJ concert’s organizer in Japan, to use the venue on June 7, citing JYJ’s contract under Avex.
Despite this, Zak and C-JeS announced that they will push through with the concert.
In a statement, Avex maintained that it still holds exclusive management rights to JYJ in Japan.
It said that it decided to suspend JYJ’s activities because of the alleged criminal record of the president of C-JeS and the ongoing lawsuit between the JYJ members and SM Entertainment in South Korea.
Credit: Manila Bulletin
Shared by: JYJ3
I really don’t like Mamila Bulletin news of our boys…..it always leaves bad taste in my mouth. But oh well…..at least they are choosing to report news of our boys
sigh… I just wanna say that I will support our JYJ with all my strenght.
Avex… Avex is just being what it is: despicable.
“It said that it decided to suspend JYJ’s activities because of the alleged criminal record of the president of C-JeS and the ongoing lawsuit between the JYJ members and SM Entertainment in South Korea.”
So, according to this statement, if I have a criminal record then my friends an family will also suffer the consequences, even though they did not know about my crime, and I have already fulfilled the punishment for my crime. In what democratic country and judicial system does that even happen? Did they not hear about innocent until proven guilty? What does one have to do with the other. Ent. company, please find a more plausible reason. I do hope the courts see the truth in this matter, and cut the wings to smth that seem to become to big to be rational. JYJ, fighting to the top of the world an beyond! Can the boys get out of this freaking exclusive contract once and for all?
Manila Bulletin is the only paper that does reports about JYJ and it seems to me that the guy who does the articles, or the contributor is a JYJ fan… heheh~
i just came across your remarks here . . . that’s what i think too . . . the writer is a JYJ fan too if not a sympathizer 🙂
I have thought this out a little bit and I’m totally like JYJ GO FOR IT!
Are JYJ still under contract with Avex? Does what the court decided for SM extends to Avex? (no I believe) What exactly does it mean to suspend an artist who is under contract with you? (isn’t that kind of like shelving them? I’ve seen that happen to artist in America. So they would try to promote themselves by themselves with their own money) Is that even just? What I mean is, is this suspension only financially? or… cause any other type of suspension that extends beyond financial means is to me WRONG. Why? because so far JYJ didn’t use Avex for their endeavors I believe. Now here they are going to Japan to do a project WITHOUT AVEX and Avex is trying to stop them, that’s wrong. They didn’t ask you financially to back them so why are you butting in? To me you can’t suspend someone who’s under contract with you from doing their own individual THING, making their own money through their own means, even if it’s in your country. They have every right to work in any country on their own accord. Avex blocking JYJ like this reminds me of a 360 deal which is something JYJ had to agree upon in their contract which I DOUBT they did.
Don’t labels only have financial power, not full blown power to physically stop an artist from doing things? Again that’s like ‘owning’ an artist which I believe is not right. If I work for someone (under contract) their powers only extend so far. Physically stopping projects that have NOTHING to do with you financially goes far beyond Avexes powers. I believe Avex is in the wrong on this one because JYJ can do anything in JAPAN on their own accord under a contract with Avex why? Because they’re not ASKING AVEX TO FINANCIALLY SUPPORT THEM. They’re using their own fiances. If they ask AVEX to back them up that’s when the suspension will be applied and therefore Avex have the right to not help them. That’s a suspension I believe. Totally blocking an artist, even their personal own endeavors in your country, that is NOT suspension, that’s suspension with this thick layer of ‘I own you when you’re in Japan’ which is totally WRONG. That’s wrong. Period.
JYJ FTW do your thing, get Avex.
lol. I feel like saying more. JYJ would not be doing this if they didn’t see a discrepancy in Avexes suspension. I caught the discrepancy. It’s just simply not in their power as a label to extend a ‘suspension’ beyond removing management/financial help. It’s just not unless exclusively stated in the contract which JYJ had to agree upon. And I doubt they did because they are suing. Why would they agree upon something like total management etc. if it’s the same thing SM did? I BET it’s not in the contract. What’s this “…exclusive management rights to JYJ” HOW EXCLUSIVE…did JYJ agree in the contract that if AVEX suspend that means JYJ can’t work at all in Japan even on their own accord? I DOUBT IT. I don’t even think you can lawfully state that in a contract cause that’s taking power from the law. So this ‘exclusive management rights’ HA! I doubt it’s like a 360, it only extends to if Avex is willing to help. But if JYJ is not asking for your help, you have no right to bother them. I want to see the contract. I doubt JYJ will sign another contract that’s like SM’s. Like SM’s was full blown ‘I own you’ in red ink lol.
If the courts catch the discrepancy which I believe they will cause it’s easy to catch, JYJ WILL WIN this no doubt unless there’s something we don’t know about in the contract.
So JYJ FTW…JYJ winning!
Jfans continue to support the charity concert it’s in their right to hold it cause this is own their project without Avex finances or management. That’s why ZAK still will push through with the concert cause they know they’re not in the wrong. Avex just being big babies. Grow up Avex. When you suspend someone you’re basically saying ‘I will not help you here in Japan’ That’s how far it goes PERIOD. Suspension does not apply to JYJ helping THEMSELVES in Japan. The law is the one that can fully stop JYJ from working in Japan, which the law has not banned JYJ! Avex you just suspended your own rights to manage and help JYJ in their projects, and you suspended JYJ’s rights to ask for your help. Your suspension does not allow you to totally BAN JYJ like the LAW can do. YOU’RE NOT THE THE LAW. JYJ have every right to go ‘we’ll fiance and manage it on our own’…you have no right to but in when they do it on their own.
Avex just mad that JYJ is still thriving with out SM or THEIR HELP HA!
I hope to see the news in Japanese newspapers!!
Can’t wait to see how the general public will react to see their own company blocking some angels from helping them just because of petty personal reasons!!!
I will always support JYJ no matter what. Avex has been such a jerk this whole time along with SME too. Though for the better of JYJ, I don’t think thay they should have sued Avex and just let it go. I mean asking JYJ to let go is a lot to ask considering all the stupid crap that Avex has been giving the boys. But sueing Avex will bring more burden to JYJ and adds one more thing to the list of which JYJ is fighting against. I guess all I am saying is that I don’t want JYJ to be stress out over these stupid company. Its really hard to win against SM in korea and I don’t know how bias the Japanese court will be and it will be hard for JYJ to win. But then again thinking about it, if JYJ doesn’t sue Avex now, they might be again stuck in a position where they can’t appear on Japanese television or even holding a concert in Japan. Since SM and Avex doesn’t know where to draw the line unless they are being stop. JYJ is really in a hard situation. Avex and SME just please leave the boys alone to pursue their dream. I really hope JYJ wins this lawsuit. I guess its not even about if JYJ is kind enough to let go because JYJ is pushed into a corner where they can’t let go. So if JYJ sues Avex then its more things to fight against, but not sueing them leaves space for Avex to keep bullying JYJ. Hmmm…… What should be done for JYJ to just peacefully fulfill their dreams and please their fans??
Avex is disgusting!
I fully support JYJ’s legal actions against the dishonest japanese entertainment agency AVEX. The action called “Contract suspension” is only a very dirty trick to hold JYJ under Avex’s control, blocking them to prevent their performances in Japan while the agency scandalously continues profiting on JYJ’s hard work.
So what that company is doing is “Keep the contract yet not doing any activity and stop them from all the activities cuz there is the contract”???? Isnt it illigal and the contract can be forfeitted??? I am not good at it but this is what i think… They contract JYJ means they are responsible for JYJ’s activities.. They dont do any activities means they are not fullfilling the their responsibilities.. Then the contract can be forfeitted.. Thats what i think…
If what Avex is doing is ligeal, I would like to contract Homin and do the same thing… Can i???
I have noticed that in all translations the term used is “suspension” of contract – not “voiding” of contract – and for some (non-JYJ supporters or other well-versed in ‘legalese’) they are not equal. Therefore, Avex is not technically breaching the law. I am in no way a law expert, but it seems that the practical outcome at present is the same – effectively, it is the freezing of activities in Japan and prevention of further activities. To me, it does not seem right that a company with an exclusive contract with an artist ‘suspends’ the contract and yet demand the artist only perform with their permission, thereby binding the artist in a disadvantageous position.
Yes, suspension and voiding of a contract are two different things.
But not all suspensions of a contract is justifiable. For me, Avex’s reasons about CJeS Baek’s background and the ongoing JYJ/SME contract dispute are invalid. Avex KNEW about these things before they contracted with JYJ and as such, should have been estopped from raising those grounds as reasons to suspend the contract. If there was no valid suspension, then Avex is neglecting their duty to manage JYJ, and is the one who first violated the contract.
You have raised some very valid points. Unless there is some way the tweets from the Max/Chiba were interpreted wrong, or something was lost in translation, they very much indicate they knew of the background of Baek and did not initially believe that to be a problem. To subsequently use this as a justification for contraction suspension is a weak point in their argument… it will be interesting to see how this is further explained in the courts.
My guess is that the contract is only for one year and that it’s going to end soon. That’s the reason why JYJ can hold the charity event in June. However, Avex’s defense is that that since JYJ’s contract was suspended, the time of its effectivity also stopped running. As long as Avex doesn’t remove the suspension, the contract would not expire. But if Avex’s reasons for the suspension was found to be invalid, then the suspension itself would become ineffective and the contract would continue to run and expire at the expected date.
Guesswork aside, I really want to know how the court would resolve this. Unlike SME, Avex is very blatant and actually admitted their interference/blocking. And they’re confident that it’s not illegal, so I want to know what’s their basis.
AVEX is simply vexing.
I really want JYJ to win these lawsuit..they have to win..I BELIEVE THEY WILL WIN..