Note: Toshiro Ono is a freelance nonfiction writer who writes mostly about the mafia and crime. Below is a translation of his blog entry that details actions taken by both sides of the CJeS and Avex lawsuit, as well as his thoughts on the reasoning behind those actions.
[JP Trial Translation] Avex and C-JeS court records
Petition made by JYJ Japanese fans has been submitted to the court through a lawyer. (JYJ3 Note: read more here: 1, 2)
The Petition
「March 13, 2012
This petition is for JYJ to do activities freely in Japan.
We are fans of JYJ, a male vocal group from Korea.
In Sept 2009, Avex management, the defendant in this case, declared the unilateral hiatus of JYJ in Japan, taking away from us the opportunity to hear their music.
1 1/2 years has passed since this sudden hiatus, despite the fervent hopes of JYJ and us fans to resume their activities freely in Japan, that day has not yet come.
Not only that, the actions of Avex have deeply hurt the hearts of the artists and the fans repeatedly.
In order to protest against such tactics of Avex, we made a signature petition which aim to let JYJ have activities freely in Japan. As a result, 19,813 signatures were collected as shown in the attachment.
We support the activities of the C-JeS company.
We humbly submit this petition to the court.
This signature campaign was initiated by us. We ask for your support. 」
——————————–
The following are the most recent documents prepared by both parties.
A. C-JeS briefs about details of charges such as fines, etc
B. Avex briefs the following:
Main contents of the Avex brief last May 25
(2) “The effect of termination of the exclusive contract case”
A. Introduction
Avex as has been repeatedly claim that so far, cancellation of the contract is invalid because of the exclusivity issue, C-JeS claim assumes that the release is valid is unacceptable, although there is no need for rebuttal originally, below, as a precaution, to refute the assumption is valid is released.
I. C-JeS claim:
C-JeS, due to the cancellation of the exclusive contract case, on the arrangements stipulated in the exclusive contract, this matter shall cease to be effective toward the future, termination of the exclusive contract after the date of issue, Avex has recorded JYJ’s demonstration (hereinafter called Master Case), and argues that exercise of the rights can not be naturally transferred based on Article 7 of the exclusive contract.
II. Avex objections:
a) The wording of the exclusive contract issue:
However, as mentioned above (page 4), in paragraph 1 of Article 7 in the exclusive contract, provisions that the right on every activity of JYJ made as artists during the validity period of the exclusive contract (according to the copyright of any copyrighted work, performer’s rights, etc), are defined “without time limitation” and will be transferred exclusively to Avex.
So, if it expires or is terminated by an exclusive contract, or was terminated by a release, without question the cause of its termination, also “in the termination of this agreement”, Avex, in any region, range, and without period limitation, with free discretion, can exercise the rights under Article 7 of the exclusive contract on the activities of JYJ during the validity period, or transferable license to a third party (referred to in the proviso of Article 8 of the exclusive contract issue) or, in addition, shall come up with a decision on the discussion of this matter are specified (proviso to paragraph 2 of Article 6 of the exclusive contract issue).
On the other hand, Avex, with the use of master case, for C-JeS, the duration of copyright or neighboring rights of the case to present this matter, and has been paying the artists royalties as consideration for JYJ’s activities (no.1, paragraph 1, article 10 of exclusive contract issue), for the same item, are defined without question the cause of the end of the contract “after the exclusive contract case” shall remain in effect (Article 24)
If the exclusive contract from the way of provisions of the matter as described above, each of the above terms, if you exit not only the lapse of a lifetime exclusive contract case, naturally be applied even if you end by default release is obvious.
b) Industry practice records:
In addition, in the recording industry, such as record companies, in making a record (song), fees (such as studio use fee, renumeration of studio musicians, editing room usage fee, engineers fee, arrangement fees, planning of record sales and digital distribution), are included in the invested capital that has been originally planned. Therefore, although the song was already made, funds should be continuously available, regardless of period.
To recover the capital that was invested in a production, an exclusive contract should be made. This is the current practice of most companies in the recording industry.
C-JeS also, after the end of this exclusive contract, merely means that you can’t make the use or production of records and issue a new record, does not affect any case.
And, even if construed as above, avex, for C-JeS, neighboring rights issue during the validity period, has been paying the artists royalties as the consideration for such activities that JYJ participated in (no 1, paragraph 1, article 10 of the exclusive contract issue), because they can use to assure the interests of certain records, there is no disadvantage to C-JeS.
c) Others:
If from that described above, even if the exclusivity of a valid contract is cancelled temporarily, the use of any songs was produced during the contract’s validity period, does not affect the exclusive contract, the claim of C-JeS is unacceptable.
—————————————–
C-JeS written application for evidence
May 28
1) Display of testimony of the witness
Sejong Law Firm (includes the address of the firm)
2) Facts
Witness is a lawyer involved in the negotiations and conclusion of the exclusive contract for JYJ’s Japan activities that C-JeS entertainment (called C-JeS) and Avex management (referred to as Avex below) had agreed.
By examination of witness, 1) Avex has signed the exclusive contract with the knowledge that there is a dispute between SM entertainment and JYJ; 2)Avex violated the exclusive contract, without informing the management of JYJ, when it has a press release on Sept 16, 2010 announcing the hiatus of JYJ, which proves that Avex concluded the contract directly with JYJ.
3) Examination
Part 1
a) Circumstances of this matter until the conclusion of an exclusive contract with Avex
b) Article 15 of the exclusive contract case
Part 2
a) Negotiation history from June 2010 until September 16, 2010
b) The reason why Avex suspended the activities of JYJ on its press release on Sept 16, 2010
Part 3
Course of the lawsuit of JYJ with SM entertainment
Part 4
Other documents related to this case
——————————
Future course:
Baek Chanju (C-JeS) and Anami Masahiro (Avex) will submit a written statement on June 27.
Translator Note: Basically what Avex was saying is that they should have a portion of what JYJ earned during the exclusive contract validity period (which will end next year) even if they lose this case. As for C-JeS, that contract was terminated as soon as Avex announced the hiatus of JYJ because 1) they did not inform C-JeS, 2) the reason they gave was bull (the bs that avex didn’t know c-jes has ties to the mafia).
Source: Toshiro Ono’s Blog
Translated by: @rubypurple_fan
Shared by: JYJ3
ok ! from whole article i just understand that on 27 of june there will be some news , may be big ones !!!
cjes has ties to the mafia??
@Shannon
No, of course not. It’s just more disinformation set out to libel Mr Baek and somehow draw attention away from what AVEX was doing, which was to sign JYJ to another “Everything For Us, Crumbs For You” contract.
Why am I laughing when I see a reference to ‘crime and mafia’, and AVEX in the same paragraph! LOL!
@BAFfie
“Why am I laughing when I see a reference to ‘crime and mafia’, and AVEX in the same paragraph! ”
Oh, I know. You have to wonder. A criminal organization like SM, for instance, who operates in all respects like a mafia front – weren’t they the BUSINESS PARTNERS of AVEX for years???? Well, it’s all just hypocrisy as usual by the higher-ups. These bastards. I hope they pay.
yes, esp since we know that last year MAx Matsuura was under investigation for his ties with Japanese gangs or known as ‘Yakuza’.
how laughable. beside i agree with Cjes n SeJong lawyer, that contract is agreement between 2 people. Avex one sidedly decided to put JYJ on hiatus, without informing or even discussed it with Cjes or JYJ. if JYJ cant one sidedly cancelled their contract or decided to put hiatus on their contract with Avex, so Avex by any means have no right to did that too. how come JYJ n Cjes cant do anything based on the contract, while Avex can do anything? contract was between Cjes n JYJ. when they decided one sidedly, it means they have breach their contract. so i believe the contract was null after that.
i hope judge in Japan will be fairer than in SK. esp since Avex isnt really that big as SME in SK. what kind of ent company who did everything to cancell an charity event to help Japan, their own country, n then sued Cjes, JYJ n the venues for exact amount of money that they claimed should they get if Avex was the one who handle the event. while JYJ n Cjes wanna do the event for charity, Avex using the exclusive contract do anything to cancelled it because they wont get some money? i hope Judge can see how greedy n inhuman Avex is.
Ok, I’m going to admit I’ve been somewhat lazy about looking for this, but can anyone point me to information that spells out what AVEX’s reason(s) were for placing JYJ on suspension in the first place?
I’m not a lawyer, but somethings are intuitive. When you have a contractrual agreement, you have clauses Those clauses are to spell out what arrangement there is between the parties. Ex: a morality clause. You behave in a way as to bring embarrassment to the company and/or yourself, this is frowned upon, and actionable.
What the hell excuse did AVEX use to put them on suspension? Because they didn’t agree to the changes AVEX wanted and in the process kiss their asses? There had to be a clause that JYJ broke for this kind of action to take place. What could they have done? You don’t get to say suspension just because you like the sound of the word.
All they did was the work AVEX got for them…Jae’s TV drama, Chunnie’s mobile drama, Su’s solo music work. They rehearsed like demons for the Thanksgiving concerts, and performed them admirably. They prepared for and socked it to a-nation (at which point the guys now know they are going on suspension).
Oh, wait a minute, I get it, CJeS arranged for JYJ to work with some American producers for an international English language album. YOU did not have anything to do with this. YOU were not going to get any of the profit from it. YOU decided you were not going to allow this to happen.
What part of, JYJ are never going to allow themselves to EVER be shackled again, don’t you get?! So you are now trying to desguise your greed in terms that make them look like the bad guys. If there is any justice in the Japanese legal system, you will be told to get lost. Lady Karma, please!
at least that’s what AVEX said about them. and it’s true that CEO himself had some rumors circulated about him back then (CEO pasts were brought up many times when he confirmed that he’s dating Jihyo). i don’t know if it’s true or not as Mr. Baek never speak up about that. but all in all, what SM and AVEX done is not by any means better that whatever mafia can do.
*than
The ceo of cjes was once jailed for extortion. Not sure if he has ties to the mafia or not, but he had served his time.
I do not think AVEX will prevail here. I could be wrong but I think they have been caught in their own embarrassing attempts to entangle JYJ in yet another disadvantageous contract, only THIS time the members were not teenagers being “represented” by their parents; they were savvy young men in their 20’s being represented by Sejong. Big difference.
Only time will tell how on the straight and narrow the court system in Japan is. I hope things aren’t the same as in Korea.
“Basically what Avex was saying is that they should have a portion of what JYJ earned during the exclusive contract validity period (which will end next year) even if they lose this case”
WHAT ?!
this is so not fair
jyj deserves all the money they earned, i will for once believe in the rightousness of law in this case and hope this is not gonna happen
*starts praying*
You are right..
They blocking JYJ everywhere in Japan and now asking for their portion.
What portion? so ridiculous..
All I’m going to say is that I hope this headache ends soon and for the well being of JYJ and for them to be free from all this tiring BS!
Ah so this was part of the recent May trial?
I know this Ono guy talks about C-JeS and JYJ a lot on his Twitter and I’ve also seen him answering questions from fans. I don’t understand Japanese but I have been waiting for him to talk about the trial. Thank you for translating this so we finally get an update of what has been happening over there.
Now we know that this month we’ll have news from both the trial in S. Korea and the one in Japan. I’m nervous but I’m also glad to see that progress is being made. I just hope that it leads to the overall best outcome for JYJ.
“As for C-JeS, that contract was terminated as soon as Avex announced the hiatus of JYJ”…
THIS. I believe Sejong Law Firm is not stupid enough to fight this case against Avex, (being an influential Japanese company in Japan itself), if it’s legal experts have no ACES to hold on. Hope there’s no political powerplay, final verdict please come the soonest.
@kris
“I believe Sejong Law Firm is not stupid enough to fight this case against Avex, (being an influential Japanese company in Japan itself), if it’s legal experts have no ACES to hold on. Hope there’s no political powerplay, final verdict please come the soonest.”
100% agree.
Dear Toshiro Ono,
Thank-you for this information and your good work ^___^
One devil at a time!
Settle SM, next is Avex!
Evil will get their retribution.
I believe in karma!
So, it sounds to me as if AVEX wants to have it both ways. They have the right to suspend – stop – the contract, still get paid. Also, in the event they lose this case, they still want to be paid. Well now, why didn’t you just say so in the beginning A**H***S!
If it’s true the contract was for three years, and doesn’t end until early next year, why in the world did AVEX feel the need to renegotiate a contract whose ink wasn’t even dry in the first place? You sign the damn thing in April and want to renegotiate starting in June. I mean I do get it. MONEY. But surely, trying to add other conditions that were highly unexceptable, just smells to high heavens.
I don’t give a fig what industry standards are. You made money hand over fist off of JYJ. That concert series for 4 freaking days, should have brought you in approximately $10-20M USD equivalent. That Maxie ain’t chump change. You saw how much money “The Beginning” brought in by selling 500K units. We won’t go into ALL the other producs you created and sold under their names. There is a special place in Hell for you. I’m so hoping they don’t sell iced tea to help quench your thurst.
***thirst*** Ugh!!
Good will always win over evil, this truth hasn’t changed over time.
Avex is beating around the bush. They are very misleading. In my thoughts, as a layman, Avex’s claim for “without time limitation” is unfair. When a contract is terminated, I believe that there is no contract to speak of anymore. Therefore, clauses and other negotiations made in that contract ceases. Avex cannot talk about what is in the contract when they themselves were the ones who stopped the contract. How can a contract that you stopped be valid??
I really hope that justice prevails. To Avex and SME, you already have artists who are willing to make money for you, why don’t you just concentrate on them, hone their skills then let go of JYJ.
Thank you @rubypurple_fan for the translation. Your kindness is highly appreciated. 🙂
@cakestar
“To Avex and SME, you already have artists who are willing to make money for you, why don’t you just concentrate on them, hone their skills then let go of JYJ. ”
Very simply because JYJ is the real thing. WHO does SM have to compete with them?? AVEX? Well, with a couple of brilliant exceptions, Japanese bands just in general have never been particularly great and obviously AVEX wanted JYJ BADLY. That’s gotta tell you something. They were willing to do anything it took, including lying and strong-arm tactics to hang on to them.
One other thing about SM: they seem to have shifted their production model slightly these days. It’s been interesting to watch; see if you agree with me… Since TVXQ combusted, they have concentrated on large groups of very pretty young men and women who don’t sing all that well… The singing part they fix in the studio when they record although they concentrate on “mini-albums” – that ubiquitous Asian invention which means the group was only able to come up with 4 (or less sometimes!) decent songs, including re-mixes. Oddly, or not, the price for these albums remains high. 🙂 In the concert setting, they lip-sync. Since the fans are basically responding to the eye-candy, no one objects.
Anyway, my theory for why this shift in focus has occurred is that with this new model, SM really doesn’t have to worry any more about these groups fragmenting and wanting OUT to pursue real careers (like JYJ) where they can find artistic freedom and be paid a decent royalty rate for their services because they all know perfectly well that they can’t really sing.
I swear, you really have to hand it to SM sometimes for figuring out a further way to line their pockets, screw the fans out of their money and keep their talent subservient.
i can’t think of any idol that could break out/away from sme and continue to have a successful career without that powerhouse behind them.
if jyj were anyone other than themselves, sme would have crushed them by now.
@Alexandra
“if jyj were anyone other than themselves, sme would have crushed them by now.”
So true. JYJ is a totally unique occurrence in K-Pop. They are great singers and song stylists, they are wonderful creators of their own music, they are charismatic, they are multi-faceted talents. They had a strong sense of themselves and knew what they wanted. It wasn’t to be shoved into molds and controlled by SM anymore. They asked for a re-negotiation of the terms of their contract and were rudely told “NO.” (Keep in mind, AVEX asked them for of re-negotiation of THEIR contract after 3 months!) TVXQ asked for a re-negotiation after 8 years of hard work and unprecedented success.
And JYJ had something else going for them: a loyal fanbase which has proved to be exponential. This fanbase multiplies itself, day by day, as the legacy and collected works of JYJ grows. And the members of JYJ aren’t just sitting on their hands! They have been working non-stop and succeeding brilliantly in everything they do both before and behind the cameras. The reviews from co-workers have been as glowing as the ones from their fans.
So this is why JYJ will succeed. They are the perfect storm of talent, will, fan loyalty and great good luck – Fate is on their side and they are willing to do the legwork every day to support their shot at global stardom.
@lilibaiyu
Yes, I totally agree with you that SME shifted their strategy. This is why I said to hone the skills of existing SME artists because most of them lack THE important thing, TALENT. And yes, what’s with the “mini-album” these days. It’s a marketing trick. The price is like buying a full album. Then during live shows, these “eye candies” are not just lip-syncing but even hosting when their skills aren’t even polished. You know, I expected a lot when SME was introducing EXO via teasers. I thought they found the best of the best coz of the way they were being promoted. EXO turned out to be a Kpop cookie cutter.
Other entertainment companies, this is just my opinion, seem okay that JYJ are not being given chances to be seen on tv nor heard on radio. Not only because they fear that their artists might seek fairness too but because they know their artists will not have a chance to win in shows, charts, etc if JYJ is around. So yeah, as you said, “JYJ is the real thing.” JYJ is really the money maker, as a group and individually that’s why the greedy SME and AVex has giving them a hard time. Very cruel.
I agree with you. SM has the focus just in a lot of boys and girls together, their talents are almost zero. They created that exo, with a lot of handsome guys, trying to say that they look like our JJ, just to see if they can have sucess. But they are making it (money machine), just because of young and naive girls who are willing to give their money for a group without real telent, but exo or any sm artistes can do what JYJ can do? 3 multi-talented people, The best vocal of korea is from JYJ, the best musical actor is from JYJ, one of the best actors is from JYJ. I don`t hate HoMin or anything, but what are them without JYJ? They are making sucess because they already have the best fan base coming from when they were five. Now HoMin aren`t funny anymore, Junsu, Jaejoong and Yoochun were the funniest. HoMin can just go to tv show with others sm artistes and laugh with them, because they don`t know how to be funny. TVXQ was TVXQ because of JYJ. The voice, the beauty, the talent, the smile were all gone when JYJ left them. They know how to do everything. I`m tired to see everyone talking about SNSD and saying that they are amazing and the best of Korea. The best? what are these girls? 9 girls, (that i don`t find so beauty like everyone like to say) using mini skirts, mini shorts and making boring and pathetics music videos. SM knows that any of his artistes can do better than JYJ that`s why they are trying everything against our boys.
But just 19000 signatures? They deserved much more…
But i`m happy about one thing….. JYJ and AVEX contratc finish next year \o/ I`m so happy.
But i want to ask: Even with this lawsuit, if the contract come to an end, JYJ can restart their activities as JYJ in Japan?
I know that some parts of my text can be a little srange, but english isn`t my first language and i have so many problems writing T_T I can read pretty well, but when it comes to write …
Lets leave the other 2 out of this discussion. No bathmouthing. There are other OT5’s out there who visit this site too. If you want to make a point, you can generalize it, don’t pin point. Lets be the “cool guys” who do not have to bathmouth others to make our guys shine.
I agree with loveunchanged. Let’s not bring other parties into this. My viewpoint on SNSD is that they are popular for a a number of reasons. They started with the short skirts and variety personalities…..but their popularity grew by leaps and bounds after DBSK disbanded…..and SME started forcing them down everyone’s throats. Like they are everywhere! But, I like some of their songs. Like that Twinkle Twinkle song is catchy and good….but just a little pitchy in some places.
@Carol-Brazil
“SM knows that any of his artistes can do better than JYJ that`s why they are trying everything against our boys. ”
IF SME were a stand up company, doing business ethically and nurturing their artists, they would have negotiated in good faith with the members of DBSK when they came in and said they’d like a better share of profits and more creative control. IF they were an honest business/record company what they REALLY should have said was “What took you so long to come in??” Then DBSK would never have split in the first place. But if that didn’t or couldn’t happen, when they saw that JYJ was on their way out the door and were not coming back, lawyers for both sides would have gotten together and would have settled behind closed doors like EVERY OTHER REPUTABLE RECORD COMPANY does.
IF SME were really interested and committed to finding and nurturing real talent as part of a genuine commitment to its artists and to the public they ask to support them so endlessly, they would never have stooped to any low tactics at all. They would have seen that as beneath them as the greatest entertainment company in Korea. They would have had faith in their remaining artists to fill the void left by JYJ.
But they HAD no other talent like JYJ, nor any way of attracting any, signing as they do only raw, untried kids who don’t know any better and then “training them” for 2 years hoping to be able to make them into something they can sell. Any really really talented young person these days of the caliber of the talents of the members of JYJ must know (or their parents know) they need an entertainment lawyer to negotiate contracts for them or said contracts will be able to be contested and disallowed in the future. (one of the benefits in the legacy JYJ’s struggle has brought, btw.) I really doubt whether any self-respecting attorney would even allow his client to sign an SM contract. So SM’s only option for possible recruits is pretty young kids who seem to have some “potential” and are years away form the kind of polish and class of a JYJ. And these days they are having to go further and further afield to find kids from disadvantaged countries in Asia who will take the bait.
So I think you begin to see SM’s dilemma and why they are acting like petty street-corner thugs. They are desperate.
“They are making sucess because they already have the best fan base coming from when they were five.”
Phew, finally, thank you! This really NEEDED to be said.
@hepcat
“Phew, finally, thank you! This really NEEDED to be said.”
And what also really needs to be said is that a large majority of that SM/Homin fanbase listen with their eyes. They are now and have been for a while “in love” with the images of the two remaining members that they see and nothing is going to change that.
In their favor, SM has spared positively NO EXPENSE to keep those photographic images just about as gorgeous, sexy and alluring as they can possibly possibly be. Because that’s basically what they’ve got. The name, the glorious past history when they were five and what they look like.
@cakestar,
I think Avex is holding on power games with legal technicalities. That’s what the problem of so many clever lawyers, even if the truth is too obvious, they just try to as what you say “beating around the bush” , who knows along the way JYJ’s legal team will slip. Actually this is a battle between lawyers, not so much of what is right or wrong. We’ll just pray that Sejong’s team plays really smart.
@ kris… so true, no matter what, the game here is more on legal technicalities…
but for the fact that AVEX announced on Sept. 2010, 3 months after they have signed the contract, that JYJ will be on hiatus and without notifying the other party, they themselves breached their own contract. Making the contract to be null and void.
And if they’re using Mr. Baek past history for hindering JYJ’s activities during that time… AVEX should have done their background check before signing the contract. And if they’re using SM & JYJ lawsuit, they should have signed the contract for the first place since they are aware of JYJ’s circumstances at the time.
No matter where I look at it… AVEX made a wrong decision in announcing JYJ will be on hiatus. They as JYJ’s company representative in Japan should promote JYJ not put them on a shelf without any valid reason, by doing so, AVEX themselves have breached their own contract.
I kinda don’t understand the C-JeS’ claims and Avex’s objections parts because the wordings are confusing. However, what I do know is that a contract is supposed to benefit both parties and both have to fulfill their parts in order for a contract to stay fair and valid. When Avex unilaterally suspended JYJ’s activities in Japan, they failed to exercise their responsibilities as a management company, thus revoke the validity of said contract. It is not like Avex deemed that promoting JYJ was no longer profitable because obviously JYJ were at the peak of their popularity in Japan at that time. JYJ have every right to sue Avex to seek for compensation and damage recovery. That Avex still shamelessly wants a piece of JYJ’s profits after hindering their activities is really beyond me. I hope the court will keep their eyes wide open and a clear mind when judging this case. Justice must prevail!.
@Angie
“When Avex unilaterally suspended JYJ’s activities in Japan, they failed to exercise their responsibilities as a management company, thus revoke the validity of said contract. It is not like Avex deemed that promoting JYJ was no longer profitable because obviously JYJ were at the peak of their popularity in Japan at that time. JYJ have every right to sue Avex to seek for compensation and damage recovery. ”
I really, really liked reading your summary of the situation. I think you are absolutely correct in the background facts of the situation JYJ faound themselves in and in all of your conclusions.
🙂
xxoo
yes!!! that is the right wording =)
its also my thought, Avex deffinitely has breach their agreement in the contract, since they just one sidedly suspended JYJ activities. that action itself i believe have made the contract void/null the agreement. thank you, you wording it better than i do =)
it just unshame action of Avex to wanna keep making profit of JYJ. gosh, i am beyond mad everytime i talked abt SME, but i am furious everytime i remember Avex n MAtsuura.
The only criminals i see in this whole scenerio R 2 company heads ~~ or shud i say a$$e$ ~~ at one time one of them hadda escape from SK cuz the law was after him!!! did he get put in the slammer upon his return????? nooooooooooo, he knew who to pay off!!! talk about a pot calling the kettle black, or whatever ~~
i’m definitely keeping JYJ in my prayers that all will turn out well for them and to give them strength to stay their course!!! They have all of us by their sides no matter what!!! ^_~
JYJ FIGHTING!!! JYJ FAMILY FIGHTING!!!
With JYJ’s terrible experience with Avex, what boggles my mind is why Jun Ho, Junsu’s brother would still go ahead and sign with Avex. Can anyone explain to me why? Are there no other companies singers can get to represent/market them in Japan besides Avex?Do they hold some form of monopoly like SM? Eventhough Jun Ho might think it advantageous from whatever perspective, doesn’t it still suck in principle? It would be equivalent to him signing with SM wouldn’t it? Hope someone can shed some light.
My theory is this: Junho signed with Avex along with JYJ (when they all thought Avex had a halo floating above his head), before Avex became a twofaced – – – and dropped JYJ for SME. Whiles JYJ could pursue other activities away from avex because Avex was the one who dropped them, Junho could not do the same. If Junho had not met his part of the contract and had left with JYJ, then Junho would have had to pay millions of money for breach of contract (an amount neither him nor JYJ had). So like they said, Junsu’s family talked about it and realized the only option left is for Junho to go and fullfil his end of the contract with Avex. Who knows how long that contract is for? Maybe its the same length of year as JYJ. Which means, that contract ends next year. In that case he can join another company by next year if posible, along with JYJ.
Thanks loveunchanged! Your theory does make sense. I figured that Jun Ho must’ve been between a rock and a hard place to make that decision. Whatever the reasons I trust that since it has Junsu’s and his parents’ blessings that must have been the path to walk. Tough pill to swallow I am sure for Jun Ho. However, if indeed he was faced with paying back millions in breach of contract, then at this juncture of his budding career, he just has to tough it out, and make the best of it.
@jt
“Are there no other companies singers can get to represent/market them in Japan besides Avex?Do they hold some form of monopoly like SM? Eventhough Jun Ho might think it advantageous from whatever perspective, doesn’t it still suck in principle?
No, AVEX is the top of the heap in Japan. No one is bigger. Arguably, they are the “best” and certainly the largest agency in Japan. They are much larger than SM, for instance. And there are more people in Japan than in S. Korea. Japan is a far larger marketplace for music than is Korea.
Does it “suck in principle”? Well, I think it does. Other people may not agree. Junsu has said publicly that he’s fine with it and only wishes his brother well. Since the brothers are extremely close, I will bow to Junsu’s feeling and his desire for his brother’s success.
I’d disagree on this though. Right now the Johnny’s boys are more popular in Japan than any Avex Japanese artists (Arashi and SMAPxSMAP). I am not sure about Ayu but she hasn’t released anything recently. Her and Koda Kumi used to be the queens and rake in millions.
Also, the group that sells the most right now is AKB48 and they are not from Avex.
oh, after i posted my comment, i just saw yours, lol
yes. as far as i know JE is bigger than Avex. they have many popular bands like Arashi, SMAP, V6, Kat-Tun, Hey!Say!Jump!, Tackey&Tsubasa, Kinki Kids, Kanjani, etc are in JE =)
yes I think JE is bigger and more influential than Avex but they are just as bad as SM .
AKB48 are under Avex now but not managed by them though .
@JJ=oxygen
“I’d disagree on this though. Right now the Johnny’s boys are more popular in Japan than any Avex Japanese artists (Arashi and SMAPxSMAP).”
Well, all of that is GREAT as far as I’m concerned! 🙂 (I just meant in terms of the overall size of the company.) That says to me that AVEX’s karma is starting to kick in already. As we all know, success can come and go, there’s no guarantee it will stay around forever! Nothing would please me more than to think of Maxie squirming over his diminishing bottom line…
umm… i think Johnny Ent is bigger than Avex. as far as i know Avex is No 2 in Japan?
Thanks lilibaiyu! From yours and loveunchaged replies, I have a better understanding of the situation and dilemma Jun Ho has had to grapple with. Well, at least when faced with tough decisions in life, Jun Ho has a compassionate family to hear him out and give him support.
I couldn’t make heads or tails of thia translation, not from A-C. Anybody wanna give me what was said in layman’s terms?
LOL You’re not alone. 😀 😀 English is not my native language but I think I mastered it pretty well and this text seems just like random words put after one another at some places. I simply can’t seem to decipher the sentences, they are without any meaning, at least for me. 😀 :D. 😀 What I can tell you, I know from the comments. Avex thinks that they have the right to ask for part of the money JYJ made so far because of their contract but C-JeS says it’s bullsh*t, Avex suspended said contract so they don’t have the right to do anything.
That much I got. At least from the last part of the “document”. But the first half or 3/4 of the whole article is blah!
Thanks though.
LOL Okay, I’m sorry I couldn’t help. I’m only glad I’m not the only one who can’t understand. 😀 Reading through the comments actually helped a little though.
Let’s get this straight. AVEX throw them away, yet AVEX wants money from them? If AVEX win, Japanese Court are all fucked up. Just like Korean media.
After all the cock-blocking Avex did to JYJ when they want to hold concerts in Japan, which was such a humiliation to Avex and LOL for me because those concerts were for charity for their own country! Oh, as I recalled, Avex was the one who threaten local tour agency, venues, newspapers to boikot JYJ! So, whose the mafia here?!!
After all the cursing and bad mouthing and malicious twitter by Maxy-crazy, I’m not surprise if Avex still track all the profits that JYJ earned during their WW concerts, dramas, CFs, FMs, albums, merchandises, etc. With glowing greedy eyes and still think JYJ belonged to them, Avex shamelessly with clear voice, in court announced ~ I WANT A PORTION OF THE PROFIT!!! And all I can say is BHWAHAHAHAHA…eat ur own shit Avex! Even if Maxy-crazy kiss Jae’s butt, naahhhh, not a cent worth!
My hope is just like everyone here, to get over this hurdle as soon as possible. But knowing how big entertainment agencies like to twist things around and as long as the policy of re-appeal or re-submit from one court to another court still applies, its gonna be longer than Jae’s sexy legs hehe..
It’s tiring to keep hearing same old news but at the same time, its make me feel strongly in protecting mode of JJ, YC and JS! well, in my natural motherly sisterly dream-lover love for each one of them!! hehe
(0124Fazz)
But isn’t JYJ contract with AVEX limited to Japan activities? Or not? They couldn’t possibly want all those JYJ earned outside Japan, right? That’s crazy.
The contract with avex covers their japanese activities only. What this blog tells us is that if avex will have its way, even when jyj will be free from this contract now, they will have to pay a portion of their future japanese earnings from their new contract (I suppose they will find another agency as soon as this case is closed in Japan) till the end of 2013.
if that exclusive contract is still valid. but for the fact that AVEX announce JYJ to be hiatus last Sept 16, 2010 without any valid reason, months after the contract was signed, AVEX themselves have breached this contract. so might consider the exclusivity of the contract is void.
but if that happens they’re still under the exclusive contract, yeah, any JYJ’s activities in Japan until 2013, AVEX will get a portion of it. luckily there’s none after 2010 concert, other concert are for charity – that’s not included – I might be wrong… 😦
Reblogged this on That Blue Door I Choose...
I am not a lawyer nor do I understand legal jargons on contract agreements but what I know is copyrights, performers’ and creator’s rights were made as an incentive to creators of music like JYJ not for economic aggrandizement of exploiters like Avex and SM.
Any right that is not used, such as the failure of the publisher, producer, broadcaster or other commissioning party to release or exploit a work within a reasonable period of time, shall revert to the creator. This is basic like alphabet. By prohibiting JYJ to perform based on a contract at the height of their career is outrageously prejudicial to JYJ not to mention the millions of fans wanting to hear and see them perform on stage. Should the court decide the case in favor of Avex and SM due to technicalities then we should throw the books to them, force them to revisit their teachers in law school on intellectual property. What is keeping them soooo long to decide on the matter????
You are probably stating this in terms of American law. American law is all based on a person’s basic human rights, constitutional rights, and all those good stuff that protects the individual. I doubt other countries’ laws are like that. Especially in asia. The law there are probably mostly in favor of the communal and the big coporates, etc. If it benefit the judge or the government to let the Big bad campanies go free and richer rather than giving justice to the 3little boys, then that’s probably what they will do. They wouldn’t care less about what’s right or wrong. Because both big companies in their various countries feed the public’s addiction and by so doing boost up their country’s economy (raises their GDP). So what if these big bad wolves eats the little sheep(s) once every so often? In the end the bad wolves still poop. Their poops makes up the manure which cultivates the soil for agricultural (financial) growth. What they don’t realize is that as they let the wolves eat the sheep one by one, sooner or later there will be no sheep left in the pen. And this will be what brings about the colapse of their government, economy, and future. It’s idiocy, anyway u look at it. They better wise up.
@Honorie De Vera
“I am not a lawyer nor do I understand legal jargons on contract agreements but what I know is copyrights, performers’ and creator’s rights were made as an incentive to creators of music like JYJ not for economic aggrandizement of exploiters like Avex and SM.”
Hi Honorie – I am SO glad you joined us! The Knowledge that you possess is always especially welcome here. And especially now, I really look forward to all of your future comments as well as these 2 cases (AVEX and SM) seem to be drawing to a close, at least the first round anyway.
A real stumbling block so far in keeping up with the details of both cases is the lack of facts we have regarding the exact terms of the contracts JYJ signed with AVEX and before that, as 3 of the members of DBSK just exactly WHAT they must have signed as teenagers when their parents were put in charge of reading their contracts with SM prior to signing them. (!) There were no negotiations involved there–it was strictly a take-it-or-leave-it situation. At least that part of the case with SM has been sorted out now apparently, as SM seems to have lost their counter-suit.
My problem, it that there could have been almost any crazy terms anyone can possibly imagine in those original SM contracts! Who knows WHAT the boys originally signed? But I will trust the SK court to invalidate the original contracts in the end as being inherently unfair and prejudicially benefiting only one side.
Anyway, sorry for the ramble, but WELCOME!
🙂
Lili
I would have to guess that Sejong asked for full disclosure on all contracts signed from beginning to end. I can’t imagine why they wouldn’t. To me the overall arc would be showing a pattern of deceit and fraud. If, and I say if SME does not produce all the pertinent pieces of evidence, they would really be screwing themselves big time. All the court really has to do is decide on one. Even if that one was amended several times, this is the same thing.
We all know SME holds the laws of its country in high regard. Uh huh, and said company certainly respects the rules of law. Soooooo, let’s give them the benefit of the doubt that they complied with the request for disclosure. This way they can contribute to Sejong nailing SME’s collective ass to the wall!
Both companies are operating under the presumption that might is right. Funny how that sometimes backfires on you. 😉
@my sis BAFfie
“Both companies are operating under the presumption that might is right. Funny how that sometimes backfires on you. ;-)”
Oh, God, I hope you’re right. Loveunchanged posted something earlier today that just made my blood run cold… It was about how Might DOES make Right in S. Korea. That’s the operating system they have there. Here it would be called “Too Big To Fail.”
what is this folish bullshit i am hearing??????? like are they serious or they didnt sleep well last night…..for dem to post this absurd article they are are seriously CRAZY with capitals…….i hope JYJ wins…..lets all PRay for dem…..becuz this is getting out of hand
Eh! Obaa! Asantenii ba ne wo anaa? Ana wo ye half half. Me nim bebia wodin no firi, lol.
Dear God,
plesase protect JYJ. It was very heart breaking to see JYJ experience another court battle. They don’t need another problem.
We have to keep supporting JYJ now and ever. God Bless All of Us
Amen*
like half of the translated documents are incomprehensible for me – legal terminology, strange wording,..
i just hope it all ends well for JYJ
http://www.facebook.com/MTVEMA vote for jyj…BIGBANG IS WINNING……scroll a liltle bit under and u wil find it
Reblogged this on dreamalexia.
urgh somehow AVEX’s arguments, objectively speaking and given my very limited understanding of Japan’s contract laws as a civil jurisdiction, seem to fall back on trivial technicalities which may not even form a significant part of the contract. i just feel that both SM and AVEX are trying to drag out the legal battle in their respective countries for as long as it takes in the hope that JYJ will not fight to the end coz of the colossal legal expenses. I really can’t imagine how much JYJ must be forking out for Sejong to represent them IN JAPAN as well.
Didnt Toshiro Ono publish some excerpts from the Avex-Cjes contract a few months ago? Those were parts of the contract pertaining only what would happen to the other 2 member who are currently Tohoshinki ‘if’ they left SM (disturbing read).
But I wish Toshiro Ono would translate the whole of the contract so I can really gauge what kind of contract JYJ signed with Avex, and see how viable are JYJ chances to win, praying hard for the boys, it’s not always easy to go against a giant especially if the signed contract was not really equitative to begin with. I don’t think JYJ was working with their korean law firm when they signed the contract in early 2009.
OK,correct me if I’m wrong…
what I’m reading here is the exclusivity contract – main contract – of JYJ/management & AVEX, irregardless of the time span any project done by JYJ during the time of their exclusive contract with AVEX, AVEX has the right to it. But since June 2010 there’s a renegotiation of the contract/clause, not a renewal of a main contract, where AVEX & JYJ don’t agree with, so I should presume that whatever the old contract should still hold as is, until it will expire. But Sept 16, 2010 AVEX announce JYJ’s will be hiatus/suspension in Japan for being connected with Mr. Baek – whom they accuse for having a past history with mafia. Isn’t it ironic that at the time of signing the exclusive contract, AVEX is aware the C-jes is representing JYJ in Japan and they are also aware that JYJ is having a lawsuit with SM? Just because that they JYJ & AVEX is not signing another clause, AVEX is looking for a way to control JYJ.
Now AVEX is trying to use the exclusivity contract… but don’t they get it? for the fact that they suspended JYJ in Japan for no valid reason, it is enough to make the contract to be null and void.
Now I’m really curious what’s Cjes lawyers counter attack with this…
The funny part is Avex (either Max or the other one. What’s his name? Chiba?) himself tweeted fans that he knew Mr. Beak from a long time (he called him his Jr.) and that Mr. Beak is a good person. But then all of a sudden, he’s spouting nonsense about Mafia and what not. If he was going to do that you’ll think he’ll have the common sense to remember his own tweets. LOL. That’s why most people don’t take Avex seriously. They are full of crap.
Yeah, it is rather funny how they conveniently forget that the Internet captures everything you say and do. There is no such thing as permanent delete. No way they didn’t know about his past history, emphasis on past…the man has paid his debt to society. Besides what people tend to forget, Sejong was not about to let the guys sign with anyone they didn’t check out first. If he was deemed acceptable by a reputable law firm, so be it. Max and cohorts are so used to being the head sleazes in charge, they don’t know any other way of being. Kind of like inbreeding if you get my drift. Eewwwww.
They’ve lost all credibility with me. They act like they lack some vital brain processing center.
@loveunchanged
“They’ve lost all credibility with me. They act like they lack some vital brain processing center.”
They do. It’s located in the “Healthy Sense Of Shame” hemisphere.
@loveunchanged and @ My VE Sister
LOL at both your comments!
“They act like they lack some vital brain processing center.”
“They do. It’s located in the “Healthy Sense Of Shame” hemisphere.”
From what I understand wayyyy back then, it was Avex that dropped JYJ. Not the other way around. So now that JYJ has become huge and in demand in just about every continent in the world…they (Avex) decided they want to have their cake and eat it too. If they still wanted to make money on JYJ they shouldn’t have dropped them. They continue to profit from JYJ memorabilia and now they want more. Avex is clearly holding the short end of the stick so now they’re trying to pull some bogus ish and get paid if they win or lose. That’s just silly. Their whole arguement went in so many circles it left me dizzy. Avex needs to get it together, really fast.
I am totally confused!!
Is this understanding correct?
Avex is saying that their exclusive contract with JYJ is still valid. That until the exclusive contract expire they should get a portion of JYJ profits from all the activities JYJ do in Japan. The exclusive contract does not end until the end of the year of 2013. However, CJES is saying that Avex breached the contract when they suspended JYJ activites in Japan. Therefore the contract is no longer valid. And Avex does not have any right to any of JYJ future profits made in Japan.
Question:
1. How long was the exclusive contract?
2. They signed a contract with Avex in June 2010 correct?
3. Avex announced JYJ would be in hiatus on September 16, 2010 correct?
4. They were only under contract with Avex for 3 months before they went on hiatus correct?
5. Didn’t JYJ actually do the 2 day Japan charity concerts?
That’s what I’ve gathered from the court papers. I think JYJ did the charity concerts after the hiatus, because I remember them having difficulty from Avex trying to cancel JYJ’s concert and venues. JYJ wasn’t under Avex too long, I don’t no the amount of time but it seemed to be pretty short.
THANK YOU lovedunchanged for reminding me that copyright and related rights are enforced territorially and the law of the forum will always prevail in the decision making of the courts.Thanks Lili for the warm welcome.
But come to think of it isn’t it unilateral cessation by Avex-the assignee/licensee or “copyright owner” of activities of a performer JYJ group whose main concern in their lives is to entertain-to propagate their creation-is a flagrant abuse of right (the predominant motive for exercising the right is to cause harm) of what ever right it (Avex) gained in the contract agreement. Its a gigantic wastage of talent in the music industry in Japan and SK not to include curtailment of human rights of JYJ in terms of their profession as singers.
For me there being the absence of good faith on one of the parties its rights have exceeded the powers and legitimate interests protected by the law. Therefore, such a party may be estopped from exercising its right and may also be liable for damages. Let’s face the main issues not the mafia etc. Finally justice delayed is justice denied. So sad an innocent bystander like me can understand such predicament why can’t they?
@Honorie De Vera
Yes, Yes, YES! You GOT it! Exactly right and I just hope and pray that the court system in Japan is without bias towards big business and national economic factors. Because it that is not the case, if they are on the up and up, I think JYJ will prevail. I agree with you about Justice delayed, but both these companies, AVEX and SM have shown themselves to be virtuosos of delay and obfuscation. Still, their day of reckoning is coming.
Again, thanks for your input. 🙂