+ Avex announces its intentions to appeal
After the initial announcement regarding JYJ‘s win against Avex, C-JeS Entertainment has revealed details regarding the ruling received.
According to C-JeS, the Japanese court ruled that Avex cannot insist on JYJ’s sole management in Japan, and ordered the management company to pay JYJ’s agency C-JeS Entertainment 660 million Yen (~ 7.3 million USD). The court also acknowledged the fact that Avex has defamed C-JeS’s CEO, and as such, ruled that they also pay the CEO 1 million Yen (~ 11,000 USD).
To recap, JYJ and Avex ended their exclusive contract back in 2010 and as the conflict of promoting in Japan escalated between them, Avex had released a public notice that falsely claimed that C-JeS’s CEO was affiliated with gangsters and brought about the halt of promotions in Japan for the group. They also insisted that they had sole management over JYJ’s Japanese activities and interfered with the group’s attempt to put on a charity concert back in 2011, which led to the lawsuit.
In response to the ruling received in court today (18th), Avex has already made it clear through an announcement on their homepage that they cannot accept the decision and that they will be filing an appeal.
JYJ’s activities in Japan seem to be resume as last.
“The ruling of the lawsuit on JAN 18 decided that AVEX cannot interfere in JYJ’s activities in Japan”, confirmed by C-JeS Entertainment, the management company of JYJ.
It also added, “As soon as the full written judgement, we will release official press release”.
JYJ filed a lawsuit against AVEX, claiming AVEX interfered in JYJ’s Charity Concert to help Japanese Earthquake victims in 2011[2011 JYJ Unforgettable Live in Japan].
With this ruling in Japan, it is expected that JYJ might resume its activities in Japan where the group has high popularity.
JYJ3’s Note: This is how a Japanese tabloid is reporting JYJ and SM settlement agreement and the future JYJ’s activities in Japan. It’s not the first time these tabloids share bad press about JYJ
Please remind that we have a schedule of Avex and C-JeS Entertainment Court Judgement on January 18th, Link
To the people that follow the Japanese Lawsuit, AVEX have pointed the exclusive contract of SM and JYJ as a reason why JYJ is unable to hold activities in Japan, but with the recent news of SM releasing JYJ of any exclusive contract, we think AVEX is running out of arguments to defend their position. Hopefully things will improve in Japan despite what it says on this article.
On 28th Nov, the 3 members of Korean Idol Group JYJ and its former agency SM Entertainment (“SM”) reached court settlement in Korea on the dispute of exclusive agency contracts.
Jaejoong (26), Yuchun (26) and Junsu, 3 former members of Korean group Tohoshinki, applied for temporary injunction in July 2009 on their exclusive agency contracts based on the reasons that their 14-year contract was too long and there was unfair royalty distribution.
In addition, in April 2010, the 3 members sign-on a newly setup agency and formed JYJ. This means wishes of fans for the “5 to re-group” again became in vain, and the group split up to become Tohoshinki with Yunho (26) and Changmin (24), and JYJ.
It’s been 3 years 4 months after the temporary injunction which started it all. With the court settlement this time, all law suits between SM and JYJ had been withdrawn, and both parties signed an agreement to “not interfere with each other’s activities”.
A Korean entertainment industry person talks about the future JYJ.
[Firstly, until now every media in Korea had shut off JYJ based on the “double contracts issue with SM”, leading to the members unwilling ventures into individual acting activities like drama and musical. The court settlement this time signals a complete separation between SM and JYJ, and although Junsu has dreamed of standing on stage as Tohoshinki again, the possibility of 5 members grouping-up again disappeared. However from now, the 3 members JYJ will be able to hold concert activities and TV appearances as JYJ. Of course, it will also be possible to release new songs]
If this is true, their activities in Japan will be something to look forward to. However, it’s a bit complicated.
[Now, JYJ has an ongoing dispute on contracts in Japan. Before this is settled, their activities in Japan will be impossible……] says someone in the music industry,
In actual fact, events planned by JYJ last year in Japan faced cancellations right before the scheduled dates continuously. The court decision will be out in January next year, but there is high possibility for an appeal. The trial looks likely to drag on. It may not be possible for JYJ to hold activities in Japan for the next few years until this is settled.
I omitted the author’s comments and only translated the court records.
To refresh your memory, The Sumo Association has rented the sumo hall (place where sumo wrestling is held) to Zak corporation to use for JYJ’s charity event last June 2011. The JSA (Japan sumo association) is the only one who provided JYJ a venue to hold the charity event for the Tsunami victims. So AVEX sued them.
Yokohama and Saitama arenas have originally accepted but cancelled after receiving a call from AVEX.
Statement of the Sumo Association’s side submitted to the Tokyo District Court on July 20 is described below:
“Avex claimed that the Sumo Association had infringed the rights of AVEX by working with C-jes and Zak. Sumo Association had the right to allow rental of the hall and there was no reason to revoke the permit for the concert (author’s note: JYJ concert).
In relation to the facts of the case, if AVEX is claiming that the Sumo association will have to bear the responsibility to pay for damages by the mere fact of renting the hall, in the future, if the hall was rented to a person, that person can also claim damages against the Sumo association. If that is the case, then the business will crumble down to nothing.
The issue between C-jes and AVEX about JYJ should be resolved between two parties. The Sumo association is a completely unrelated story. The Sumo association was only sued to teach us a lesson.”
This article doesn’t reflect the opinion of JYJ3 Team, only the author.
Toshiro Ono is a freelance nonfiction writer who writes mostly about the mafia and crime. He reported several times about the Trial between AVEX and Cjes. Below is a translation of his blog entry:
11. About Tohoshinki and JYJ
I was shocked when I read the following agreement for the first time. How to interpet it. I still don’t know.
“Avex Management,(hereinafter called Party A) and C-JeS entertainment (referred to as Party B), artists belonging to B: Real name: KIM JAEJUNG, Real Name: KIM JUNSU, Real Name: PARK YOUCHEON (referred to as Artists), whose sound or visual recordings activities, creative activities and entertainment activities, etc with regard to copyrighted material, agreed as follows: you shall be entered into an exclusive contract (hereinafter referred to as the Agreement).”
Article 29 (Notices – 2)
By any chance, group members of Tohoshinki [Real Name: SHIM CHANGMIN, Real Name: CHUN YOUNHO], ends contractual relationship (including release) with SM Entertainment Co Ltd and its affiliates, in a case that they no longer belong to a talent agency, modeling agency, or recording companies, if you wish to contract with the said two people, Party A, in consultation with Party B and its Artists, shall be entered into an exclusive contract negotiation and talks for the 2 people concerned. In addition, even if the 2 people became artists of Party B, if Party A wishes to contract for 2 people and Party B, separate consultation is better, you shall negotiate a separate written contract.
It could take a little time to understand the contents of this agreement. I think I would like to think slowly.
Before discussing the main issue, I want to write my own thoughts.
Think and examine the Tohoshinki situation many times.
I have to write something properly about Tohoshinki and JYJ.
And why it is necessarily in the first place.
They had literally rewritten the history books in Japan and Asian entertainment. Very significantly.
In the trial to be conducted in the Tokyo District court, c-jes has submitted an article published by “Shuukan Bunshun” (June 21, 2012 issue) about avex president Matsuura Masato and Sawajiri Erika’s alleged drug (weed/marijuana) use.
As expected, c-jes will focus on the contradiction of “compliance standards of Avex”.
The next date is July 24. The trial is speeding up considerably.
Translator Note: C-jes is trying to prove that Avex has double standards when it comes to their artists. Avex suspended JYJ because of the alleged mafia ties of their Korean agency CEO while Erika Sawajiri is still an active talent of Avex despite the alleged drug use.
Submitted as evidence:
1. Statement of C-JeS Korean representative, Attorney Im Hyuk(dated June 16)
2. Statement of Avex representative (in charge of this case) Anami Masahiro (dated June 27)
3. Statement of (C-JeS CEO)Baek ChanJu (dated June 16)
4. Email communication between Atty Im Hyuk and Anami san
Next court date is July 6.