[NEWS] 101026 SM ENTERTAINMENT WITHDRAWS THEIR PRELIMINARY INJUNCTION AGAINST JYJ

SM Entertainment’s preliminary injunction against JYJ (Kim Jaejoong, Kim Junsu and Park Yoochun) to prohibit the sales of their first global album, The Beginning, has been withdrawn.

On October 27th, JYJ’s PR Agency Prain said, “On October 21st, through the Seoul Central District Court, SM Entertainment withdrew their preliminary injunction to prohibit the sales of JYJ’s first album, The Beginning.”

SM Entertainment filed the injunction on October 12th believing that JYJ had signed an exclusive contract with CJeS Entertainment which would cause a dual contract situation.

However, CJeS is the agency that JYJ hired to handle their management work just like Prain has been hired to handle JYJ’s PR.

credit: newsen +MTVK
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[News] 101019 JYJ ‘Munsan Document’ Turns to be ‘Official Document’

Korean Federation of Pop Culture and Art Industry (KFPCAI) (here after Munsan) on last October 13th sent out official letters of request to three public broadcasting stations MBC, SBS KBS, as well as cable broadcasting station, and other various online album distribution sites to refrain JYJ from making appearances on shows and halt album sales.

This letter of request seems to be in conform with SM Entertainment’s action on the 8th, that was filing a provisional injunction application to Seoul Central Distric Court against JYJ exclusive contract and to ban the sales of their first world wide album ‘The Beginning’, after this news became widely known, it’s been caused a considerable stir into the already high-tense situation.

Mass media reported the issue as “For JYJ who just make a comeback, this is definitely going to be an undesirable ‘reef’ to threaten their future activities”.

Chairman of Munsan clarified this issue that is accused on them, “Rather than memorandum, the document letter is merely just a request.” as he said through interview with press media, “We sent request with each broadcaster name printed on the letter to restrain the appearance of JYJ, it’s not even an official document sent massively like it’s been known.”

To call it not an official document, Munsan chairman stressed that the letter was sent to become each station’s review, instead of oppression on them. “The letter is just a request, and far from what people said an oppression to each broadcasting station. We’re still waiting for conclusion result of SM Entertainment litigation that is currently in progress.”

However, despite the explanation of Munsan’s chairman, the request document whose content was exposed later to public had a formal document format thus put everyone in frowned.

The document has title ‘Request to Refrain From Broadcasting JYJ Appearances’ with date printed was October 11th, and the content revealed , “Korean Federation of Pop Culture and Art Industry (as Munsan was referred) sent you this official memorandum in order to protect the cultural development and hallyu wave of South Korea.” as written at the body letter. Document’s ID number was not fail to be included as well.

Fans who had checked how the document was arranged gave offensive comments, “This letter is basically equipped with everything needed to be an official document, thus how come he announced to media that this is not an official document.”

Regarding the memorandum, fans–based on information reported to the Fair Trade Commission–submitted petition to the court to embark on subsequent action plan.

source: todaykorea
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[NEWS] 101018 SM “TVXQ YUNHO – CHANGMIN’S COMEBACK IS NOT YET DETERMINED”

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TVXQ agency released an official statement regarding TVXQ Yunho and Changmin preparing for a duet comeback.

SM Entertainment clarified to Newsen through phone call on the 18th about the news of Yunho and Changmin are getting ready for a comeback, “There is nothing that has been decided yet,” he said, and continued, “A specific plan is not yet to release,”

SM Entertainment has been in conflicts with Xiah Junsu, Micky Yoochun, and Youngwoong Jaejoong who teamed up under name JYJ and recently released a worldwide album, therefore a lot of eyes have been piercing towards the other two members’ future activities in return. Furthermore, the fact that the two members had performed their new songs in SM TOWN Concert has caused great expectations towards the preparation of their duet album.

(omitted)

source: Newsen
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[NEWS] SM puts more pressure on former TVXQ members

SM Entertainment continues to disrupt the debut of the three breakaway members of TVXQ, one of Korea’s most popular boy bands. JYJ is comprised of Jae-joong, Yu-chun and Jun-su.

On Oct. 8, SM Entertainment filed an injunction with a Seoul court to stop the release of “The Beginning,” and filed a suspension on exclusive contract with C-JES Entertainment.

C-JES Entertainment is a Korean agency that is now managing JYJ. SM Entertainment recently complained, saying that signing a contract with C-JES Entertainment amounts to holding an unfair double contract.

SM Entertainment also continues its attempt to stop JYJ’s debut in other countries. Sports Korea recently reported that SM Entertainment has sent files of complaint to the head quarter in United States of JYJ’s distributor, Warner Music Korea. “The Beginning” is recorded entirely in English and is supposedly to be released in several countries worldwide.

The Korean Federation of Pop Culture and Art Industry has sent letters to TV stations KBS, SBS and MBC and cable network Mnet, and Korean online music sites and asked them not to allow JYJ to appear on their shows and sell the digital albums.

However, Korean online music sites defied the letter and released the digital copies of JYJ’s “The Beginning” album on Oct 14. The songs in the album entered the top 10 on real-time music charts.

This coincidence is a greater source of despair for JYJ members, as they had to cancel 500 albums reserved before their showcase on Oct. 12. Since their showcase, Korea Sports has reported that there were absolutely no signs of JYJ’s on any television channels.

JYJ previously planned to have showcases in other countries to meet their worldwide fans for their debut. However, an ongoing dispute with SM Entertainment over legal issues related to their contract; it might take a while before the trio can perform without restraints.

(Herald Online)

Edited by Rob York

credit: Korea Herald
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[TRANS] 101015 JYJ States “CJeS Is Nothing More Than An Agency”

JYJ’s side has retaliated against SM’s exclusive contract suspension and album sales prohibition injunction that was filed to the Seoul District Courts on the 8th against JYJ’s worldwide album ‘The Beginning’.

SM accused the members of JYJ, Kim Jaejoong, Park Yoochun and Kim Junsu, of signing onto an exclusive contract with CJeS Entertainment even though their exclusive contract with SM as not ended yet.

Following this, the Korean Federation of Pop Culture and Arts Industry released an official notice to all broadcasting companies, label companies and online music distribution companies asking them to refrain from aiding JYJ in any way for the same reasons.

JYJ had a partial victory from their exclusive contract suspension injunction against SM Entertainment, but as their contract with the entertainment agency has not been ended yet, they would be in an illegal dual contract if they have signed an exclusive contract with CJeS Entertainment.

However, JYJ representatives stated, “JYJ have not signed an exclusive contract with CJeS contrary to what SM and the KFPCAI are insisting,” and “CJeS is merely in charge of management that provides a route for domestic activities.”

 

JYJ’s spokesperson Prain stated in a phone conversation with reporters on the 15th that, “SM and the KFPCAI are insisting that there is a dual contract involved, which is causing a problem. However, this is not true. It is not that JYJ and CJeS have formally signed a contract, which would mean that JYJ would be working under CJeS, it’s that CJeS is merely working as JYJ’s agency.”

Prain continued to add that, “JYJ have not signed on to work under a new entertainment agency, they’re just leaving management-related work to CJeS to handle. It’s just like how we are in charge of handling all of their publicity-related work and how Warner Music Korea is in charge of all of their album-related work.”

Prain revealed that, “A misunderstanding may have occurred because the concept of an ‘agency’ is still unfamiliar to most people in Korea. When the overseas showcase events are done, we will officially respond to SM and the KFPCAI’s claims with sufficient evidence and documents.”

Regarding the scope of JYJ’s independent activities, which SM is claiming as the issue, Prain stated, “This is something that has already gone through sufficient legal review,” and “By law, there is nothing that would cause a problem for JYJ.”

Prain implied that SM’s stance lacks legal and logical validity when it was stated that, “We have confirmed that by law, SM Entertainment has no real reason to file an album sales prohibition injunction against JYJ’s activities.”

Source: [Today Korea+DNBN]
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Definition of Agency: Fiduciary relationship (Special relationship of trust and confidence in which law demands a higher than ordinary degree of care and responsibility from the dominant or trusted party) between two parties in which one (the ‘agent’) is under the control of (is obligated to) the other (the ‘principal’) . The agent is authorized by the principal to perform certain acts, for and on behalf of the principal. The principal is bound by the acts of the agent, performed in carrying out entrusted duties and within the scope of agent’s authority. An agency can be created by (1) express agreement, whether oral or written, (2) implication, based on the custom or practice of the trade, or (3) conduct of the principal. Creation of agency is essential to commercial and financial transactions, because an organization (as a legal entity) can function only through its agents.

credits: Business Dictionary

T/N: In Korean, the distinction is made as 에이전시 (agency, CJeS) and 소속사 (affiliated company, SM).
The concept of an ‘agency’ is still quite rare in the Korean entertainment industry as most celebrities work under an entertainment agency/company such as SM, YG, JYP etc, that is in charge of everything, instead of hiring an agency to work for them for a particular field.
JYJ have different agencies working for them for different areas.
CJeS = management, Prain = publicity, Warner Music Korea = album sales

[TRANS] 101015 JYJ Albums In The Market To Be Recalled If Injunction Is Accepted.. D-Day Is The 18th

Which side will the Seoul District Courts favor?
Sports Korea has verified the reason, content and future of SM’s injunction.

It was on the 8th that SM filed an album sales prohibition injunction against JYJ’s first album. At the current moment, it cannot be known whether or not the Seoul District Courts will accept the injunction and consider it valid.

The issue at hand between SM and JYJ seems to be the scope of the independent activities JYJ won in their legal dispute with their agency. It can be predicted that both sides will engage in a fierce legal battle regarding this matter.

At the hearing on the 11th, Warner Music Korea, the distribution company in charge of JYJ’s first album , stated, “We see the selling of this album as an act that is allowed according to the previous verdict made on the injunction filed by JYJ against SM that gave JYJ the freedom to pursue independent activities.” It was told that the Courts seemed to agree with this statement.

It is difficult to predict the Courts’ verdict at this current moment. However, it looks like the Courts’ views formed from the hearing may determine the future of the injunction. JYJ’s album was released in the market on the 14th. If the Courts’ accept SM Entertainment’s injunction as valid, all of the albums in the market will be recalled.

Both sides will be submitting additional documents till the 18th. The verdict is expected to be made later this month.

Source: [Sports Hankooki+DNBN]
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[TRANS] 101015 SM Even Sends Certification Of Contents To Warner Music Headquarters In USA

SM has begun their omnidirectional pressure on JYJ.

SM Entertainment filed an exclusive contract suspension and album sales prohibition injunction to the Seoul District Courts on the 8th. Though JYJ was granted independent activities in their injunction filed against SM Entertainment last year, SM believes that the contract they have signed with CJeS is an unlawful dual contract as the Courts have not suspended the exclusive contract between SM and JYJ.

SM’s pressure is even occurring overseas. It has been confirmed that SM has sent a certification of contents to the US headquarters of Warner Music Korea, the company in charge of distributing JYJ’s album. It can be seen that SM did this due to the fact that this album was one that was released simultaneously in various parts of the world.

However, the distributor of this album is Warner Music Korea. Warner Music Korea is offended that SM has sent the certification of contents, which calls for the recipient to take responsibility for the matter, to the US headquarters and not to themselves.

The Korean Federation of Pop Culture and Arts Industry has sided with SM. The KFPCAI has sent an official notice asking broadcasting companies and online music distribution companies to refrain from allowing JYJ to appear on their shows and from distributing their music. Their reason was that JYJ was causing a negative affect on the ‘Hallyu Wave’. However, many representatives of the industry believe they are doing this because JYJ has become a ‘thorn’ in SM’s side as they have created conflict with the entertainment agency. JYJ could not be seen on TV after 12th and their ranks on online music sites have stayed in the 10s since their music was released on the 14th.

JYJ is suffering from problems from their own country. These events were more shocking as they happened right after their showcase on the 12th. The wound was bigger as they suffered from 500 ticket orders for their showcase suddenly and simultaneously being canceled right before the show.

The reason JYJ decided to fight SM in a legal battle was to participate in free music-related activities. However, with it becoming harder and harder to perform, the foundation of the group is beginning to shake. With domestic stages shut off from them, JYJ are planning to greet their fans through overseas showcase events.

An entertainment industry representative stated, “A leading entertainment agency and talented singers are locked in an emotional battle. This is game with no winners. All it will do is create scars on both sides. There is a need to approach this issue from a broader perspective.”

Source: [Sports Hankooki]
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[TRANS] 101014 JYJ Side States, “The Label Company Will Respond To SM’s Legal Actions”

Regarding SM Entertainment’s album sales prohibition injunction filed against JYJ’s new album, JYJ’s side has stated, “We are not planning any particular response to it as of now.”

JYJ’s representative, in a phone call with SSTV on the 14th, stated, “We have no intention of responding to the injunction right now, and this is a problem the label company will respond to,” and “We will keep a close watch on how the label company and SM Entertainment will resolve this issue.”

SM revealed on the 13th that they filed an exclusive contract suspension and album sales prohibition injunction to the Seoul District Courts on the 8th against JYJ, CJeS and JYJ’s worldwide album ‘The Beginning’.

SM’s reason is that, “By releasing their albums through CJeS Entertainment even though the verdict has not been made on their lawsuit, there is a high possibility that this may lead into an unexpected third party legal dispute.” The exclusive contract lawsuit between the members of JYJ and SM Entertainment is still yet to be resolved.

The Korean Federation of Pop Culture and Arts Industry (KFPCAI) has also stepped up to support SM’s stance. Through an official notice to all broadcasting companies, label companies and online music distribution companies, the KFPCAI called for such companies to refrain from allowing JYJ to appear on their shows and even from cooperating with JYJ with their activities.

Regarding this, JYJ’s representative was careful with his words and did not say much as he stated, “We are not releasing an official response to the injunction or the KFPCAI’s actions for now but we will keep a close watch on everything.”

(omitted)

Source: [sstv+Yuaerubi]
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[TRANS] 101014 SM Entertainment Files ‘Exclusive Contract Suspension Injunction’ Against JYJ-CJeS

◆SM States “JYJ-CJeS Exclusive Contract is Invalid
5 member group TVXQ, who appear to be walking down the same path as the epitome of idol groups, HOT, has been swept up in a dual contract controversy.

With JYJ’s debut album on the verge of being released offline, TVXQ’s agency SM Entertainment revealed on the 13th that, “There is a possibility that the current series of events may lead to another legal dispute,” and “We filed an injunction to the Courts on the 8th to stop all sales of their album.”

SM revealed that, “We filed an exclusive contract suspension and album sales prohibition injunction to the Seoul District Courts against JYJ (Kim Junsu and two others) and CJeS Entertainment (CEO Baek Chang Joo),” and “JYJ’s actions of signing a dual exclusive contract with CJeS Entertainment, even though the verdict has not been made on the lawsuit involving their current and still valid exclusive contract, they are violating the primal purpose of the verdict laid down last October regarding their injunction.”

SM added that, “It has been clearly revealed that the contract between CJeS Entertainment and JYJ is a dual contract. By releasing their albums through CJeS Entertainment, there is a high possibility that this may lead into an unexpected third party legal dispute with for example, the album distribution company, depending on the verdict laid down on the lawsuit regarding the validity of their current exclusive contract.”

(omitted)

Source: [newdaily]
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T/N: This clarifies this article.
They have filed for an exclusive contract suspension and album sales prohibition injunction against JYJ-CJeS.

[TRANS] 101013 SM Files For Temporary Injunction Against Sale Of JYJ’s First Album

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Jaejoong, Yoochun, and Junsu, the trio from TVXQ who formed a new group JYJ, will have to put a brake on their activities. SM Entertainment (henceforth SM) has filed for a temporary injunction to put a ban on the sale of JYJ’s new album 「The Beginning」.

On the 13th, an official from the legal circle clarified, “On SM’s part, they have filed for a temporary injunction with the courts to put a ban on the sale of JYJ’s worldwide album 「The Beginning」, which is waiting to be launched.” The official continued to say, “The reason (for this injunction) is because the issue of the exclusive contract between SM and JYJ and the conflict stemming from it have yet to be resolved. The results from the court decision will have a huge impact on JYJ’s activities.”

Since the end of July last year, JYJ have been at opposing ends with SM over issues like their exclusive contracts. As a matter of fact, currently, the trio are doing their solo activities and kicked-off their 「JYJ Worldwide Showcase」 on the 12th, at Hwajeong Tiger Dome, Korea University, Anam-dong, Seoul.

Source: [JoongAng Ilbo]
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