DBSK news dump re the court case

[-ochre.livejournal.com]

TVXQ's Victory Is A Call For Change In The Entertainment Industry From The Courts

On the 27th, the Seoul District Courts sided with popular group TVXQ's three members and their exclusive contract suspension against SM Entertainment. The Courts decided that the entertainment agency was not allowed to create new contracts without the consent of the celebrity and must not interfere with said celebrity's independent activities in the business. Therefore, a road of free movement has opened up for the members of TVXQ. Although the formal trial procedures are left, this decision seems to shed light on the future of unlawful contracts that are rampant in the entertainment business. Overall, the call for shift from a vertical relationship to a parallel, equal relationship is welcomed. Many expect this dispute to lead into an equal relationship between celebrities and agencies in the future.

Till now, the Korean entertainment business, as the term 'slave contract' implies, has been criticized for its inability to escape unlawfulness and unfairness. The majority of celebrities was put at a disadvantage starting from when their contracts were set up and have become mere tools of agencies. From their official activities to personal actions, everything celebrities did was dictated by their agencies. This was the kind of situation that the three members of the nation's best idol group were in when they went against their agency. If they were in such a state, it is not hard to think of what unthinkable states the no-name celebrities and not-so-famous celebrities are in.

Most domestic entertainment agencies work under a scout-train-management system. Agencies have trained talented rookies and raised the value of no-name celebrities in this organized and investing method. However, although it is easy for a celebrity to become wound up in an unlawful exclusive contract, it is not as easy to escape from his or her entrapment. It can be said that the Courts ruled that, "This is an unfair structure that does not give the members even the bare minimum rights they should have," and "As the members have to pay extremely large amounts of compensation if they go against the contract, it is impossible for the members to wander astray from the contract," because of such methods employed by entertainment agencies.

This decision will bring about a big change to the entertainment business as a whole. This is because the complaints that have been silenced till now may erupt and flood. There is a high chance that the dispute between the members of TVXQ and their agency will take a long time. Right after the Courts' decision, the three members stated that they would file lawsuits for Compensation for Damages and Exclusive Contract Nullification, while the agency has stated that they will be revealing information that the Courts requested they keep quiet from the media and an official statement. This reporter hopes that this dispute will not end a mere expendable argument, but a stepping stone to a new cultural change in the entertainment industry. The tyrannical domination of the biased and vertical patriarchal culture that believes that, "Since I have raised them, I can do whatever I want with them," must now come to an end. It is time that a win-win and equal relationship was created in our entertainment business to take the industry to a whole new level.

Source: [yonhap news+DNBN]
Translation credits: jeeelim5@tohosomnia.net
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TVXQ Dispute 'SM's Dilemma'

Much attention has been put on SM Entertainment and its future actions as the Courts have sided with the three TVXQ members YoungWoong Jaejoong, Micky Yoochun and Xiah Junsu on the legal dispute between the three and their agency regarding their exclusive contract.

On the 27th, the Seoul District Courts partially accepted the exclusive contract suspension request against SM Entertainment submitted by Xiah Junsu, YoungWoong Jaejoong and Micky Yoochun.

To have the Courts partially accept the exclusive contract suspension request is to have the Courts decided that the contract between SM and the members of TVXQ is in fact unlawful. According to the decision of the Courts, SM is not allowed to interfere or question any individual activities of the three members or create contracts regarding group activities without the consent of the three members.

For now, SM has stated that the agency cannot accept the Courts' ruling. SM Entertainment released a notice stating "Although the entire contract was not suspended, the Courts stated that some parts of the contract was questionable and that is why we are submitting an appeal," and "Till now, we have kept some information from the media as the Courts requested that neither side be interacting with the press during the trial. Now we will reveal that information and release an official statement.

Unless an extremely controversial secret is revealed by SM Entertainment that could turn the tables, it can be said that the contract between SM and TVXQ has already been nullified.

The dilemma that SM faces now is the fact that the agency's other singers may attempt to leave the agency in the same method. TVXQ is not the only reason why SM is being so adamant and firm of their stance in this dispute. To state that conclusion first, there is close to no chance of TVXQ disbanding or ending their activities. This is because all three members involved in this dispute have no thoughts of leaving the group names TVXQ. Some representatives to the entertainment business stated that, "There is a high chance that SM and the three members will become equal partners regarding activities such as the release of a new album in the future."

The problem is how the two sides will fix the contract and the income division. Although the income SM receives from album sales or commercial activities will reduce, it is not so much that the company will run into bankruptcy.

The biggest problem for SM Entertainment is the fact that the majority of agencies works under a system that invests money to raise trainees into singers in a span of 1~7 years that does not guarantee profit after the singer's debut. In the case of TVXQ, if they are allowed to leave the agency stating that the contract was unlawful after gaining popularity, the agencies will have no incentive to continue on with this method of raising stars. This is also why the Fair Trade Committee constantly fails to come to a consensus with agencies when it comes to creating a basis contract.

The reason that SM is being carefully watched for its future actions regarding this trial and the consequences that follow is because this is not merely a problem between SM and TVXQ.

Source: [mk news+DNBN]
Translation credits: jeeelim5@tohosomnia.net
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The Need For Change In The Entertainment Agency And The Solution Through The TVXQ Dispute

First of all, the Courts have sided with the three TVXQ members. In reference to the exclusive contract suspension request submitted by Xiah Junsu, YoungWoong Jaejoong and Micky Yoochun, the Courts laid down the decision that 'SM Entertainment is not allowed to interfere or question any individual activities of the three members or create contracts regarding group activities without the consent of the three members.'

This dispute between the group that is the Hallyu Wave's key player and king of the Asian market and the group's agency, the nation's top entertainment agency, is said to bring large waves of change not only to the entertainment industry, but to the entire nation as well. Many have said that the Courts' ruling has kick started the battle against unlawful contracts while others have said that the decision has completely ignored the trainee-raising method of most entertainment agencies.

The TVXQ case can be seen as a result of SM's 'Failure At Management.' However, that is only the evaluation based on the results. The reason the TVXQ dispute has come so far and deep is because there was a charge forward with a lack of 'communication and respect' on both sides.

One of the reasons that this dispute cant not be the center of attention in the entertainment industry is because the Courts have sided with the members of TVXQ and completely overturned the traditional method of agencies' formation of their contracts. We cannot blatantly say that all 13 year contracts are slave contract. As long as 'communication and respect' is prevalent and a fair income division is put in place, it will be a happy contract. They would be willing to sign onto a contract longer than 13 years at will. They would not think of moving to a different entertainment agency.

If TVXQ's birth is inspected, the process is a system with no room for 'communication and respect.' TVXQ is a team that was created by picking the best out of hundreds of trainees and forming a group. Even the members themselves would not have known what lay ahead of them in the future of their music careers. They were able to snag the title of 'Top of the Korean Music Industry' under the system of a large entertainment agency, and their entrance into the overseas market was probably calculated meticulously. The entire process would amount to a total of 10 years.

As this much time has passed, the members are bound to have looked back on themselves. They are also bound to have increased their musical control and bettered their abilities to select their paths. There were times when they had to stand on a stage regardless of the fact that they did not want to, and they would have had to handle the agency's actions to stop any activities that may 'endanger the group' with a feeling of oppression. This is where 'communication and respect' is needed. As the two sides are the bests of the best, there probably was the need to approach the situation calmly and after much thought. If things have come so far, there were bound to have been instances unknown to the public that pushed it so far. To become irreparable.

In truth, the members are preparing to 'sue for the nullification of the contract and compensation for damages incurred from the income division' while SM is submitting an appeal. SM has also stated that they will be revealing information that has not been told before and releasing an official statement.

When seeing all the big and small disputes that have erupted in the Korean music industry, they all originate from income division problems (unlawful contracts), failure to communicate (respect for human rights), natural limits (musical limits, lack of responsibility as a celebrity), and a interference of the family (interference from a third party).

But the income division problems have been the biggest disputes in this industry. Income division is important to gain trust and investments. If income division is not transparent, that is what a slave contract is. The lack of transparency in income division is what started the lack of human rights for celebrities in the music industry in the mid 90s.

-omitted-

The music industry must use this dispute as a stepping stone towards a change in 'communication and respect'. What can gain more trust than a contract is 'communication and respect' and 'a transparent income division'. There is no other 'road to a solution'.

Source: [star news+DNBN]
Translation credits: jeeelim5@tohosomnia.net
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Source: Tohosomnia.net
Expanded details under each article.

PS: There is no need to tell the world that this post is "tl;dr someone summarise pls". Read it or gtfo. ^_________^

Comments

[bokchil.livejournal.com]

Unless an extremely controversial secret is revealed by SM Entertainment that could turn the tables

I can't even imagine what kind of secret could change everything all up like that.

[stage-persona.livejournal.com]

i don't want to imagine, honestly...

That part makes me very nervous, I’m preparing myself to hear a lot of shit

[biznass.livejournal.com]

Well I hope they can get the information on their earnings straightened out soon. And lol @ an extremely controversial secret, I doubt it could be worse than anything SM's done. Blegh I hope it all finishes and that they're able to set a precedent for other entertainers.

[hospitalise.livejournal.com]

1 that picture gets me every time :(
2 goddamn i hope this is all straightened out soon, and that sweeping reform of the entertainment industry they've been talking about actually happens :\

[honeydice.livejournal.com]

The Need For Change In The Entertainment Agency

Yes or No?

[dreamsbytheedge.livejournal.com]

...idk, yes?

[xperfect-lines.livejournal.com]

If they were in such a state, it is not hard to think of what unthinkable states the no-name celebrities and not-so-famous celebrities are in.

Best part of this whole post, imo. Haha.

Anyway, yeah. It's unfair to call it a slave contract if it's proper and just. But obviously in this case, it isn't... I'm just glad they pointed that out. There will always be dimwits that will blindly follow something they don't understand.

...Ahhh, the price of fame :|

[http://users.livejournal.com/__generik/]

The tyrannical domination of the biased and vertical patriarchal culture that believes that, "Since I have raised them, I can do whatever I want with them," must now come to an end. It is time that a win-win and equal relationship was created in our entertainment business to take the industry to a whole new level.

Yes, please. Idols shouldn't be treated as business assets or liabilities. I'm gonna assume that a lot of money and time is invested in trainees before they debut so it makes more sense to protect and care for them, instead of constantly churning out new idols every now and then.

We cannot blatantly say that all 13 year contracts are slave contract. As long as 'communication and respect' is prevalent and a fair income division is put in place, it will be a happy contract.

Yeah, the rumored 80/20 wouldn't really make most people happy, if they were the 20 in that contract.

[rikayla.livejournal.com]

:O OT but is that Karina in your icon?

[stage-persona.livejournal.com]

I really should not read this.

I think things won’t change much, and the point of view of the first 2 is a bit too optimistic. I really don’t see how “There is a high chance that SM and the three members will become equal partners regarding activities such as the release of a new album in the future “
It sound too good, but I don’t see that happening.
Now I am waiting to see if DBSK win something substantial out of this lawsuit, what are other SM artist gonna do? Again I doubt to see more lawsuits, or people demanding a change…or real change at all

yes, I'm very pessimistic

As long as 'communication and respect' is prevalent and a fair income division is put in place, it will be a happy contract. They would be willing to sign onto a contract longer than 13 years at will. They would not think of moving to a different entertainment agency
This is so true! There are people who have worked in a company for 20 years, and they still happy!
I still trying to digest what the 3rd one says.

[peefaparty.livejournal.com]

THIS. So much is invested in the trainees that SM institutes the "slave contracts" to recoup training costs. And SM must have lots of trainees. And the costs are so many:
- Plastic Surgery
- Language lessons (Japanese, Chinese, English etc.)
- Dance, Acting and Singing Lessons
- Styling/Image Makeover
- Working visas (for the foreign trainees like HanKyung, Zhoumi, Henry and etc.)
- Living Expenses
- Hospital expenses

And this spans many years and not every trainee gets to debut so where else does SM recoup but in the earnings and they seem to take a lot.

So if you debuted right after you were signed (less training time), not a foreigner (no working visas or flying back and forth), did not need plastic surgery or an image makeover, don't live in SM provided dorms or was never hospitalized, then you are probably better off financially since you don't owe SM that much.

That's probably why after the whole fiasco with H.O.T and other former SM talents, SM introduced an acting/modeling department wherein they debut actors/actresses/models. They can debut right away after signing them in SM since they look good already and they most likely cost less than debuting a "singer". Case in point people like Go Ahra (2003), Lee Yeon Hee (2001), Kim Kibum (signed 2002, 1st work in 2004 drama April Kiss), Kim Heechul (signed 2002, first work in 2005 drama, Sharp 2) , Choi Siwon (2003) and Yoona (signed 2002, first work 2004 TVXQ's Magic Castle MV) who all have been doing steady modeling/CF/acting work as soon as they were signed up.

They should really change their system of getting talents (or find a compromise) although the "trainee" system is ingrained in Korean entertainment and a lot of young hopefuls go through that for the slim chance of debuting so I don't know how they will fix this.

[asteri5k.livejournal.com]

Does the change take effect for other current SM contracts (SNSD, CJSH, SuJu, SHINee and fx)? Not just DBSK and future contracts?

[iheartdarkblue.livejournal.com]

Probably not, but it might influence SM to treat their artists better. *crosses fingers*

[breathe-ai.livejournal.com]

I don't think SM will turn this into a mud slinging fest cause if they do and they get to keep DBSK then they've shot themselves in the foot. Either way I hope they're actually going to make some changes instead of just a load of hot air about how SM is being unfair. I'll save my applause till I see some definite actions.

[miduhyo.livejournal.com]

yeah, i think at the end of the day, sm wants to hold onto dbsk, so it would be counter-intuitive to make them look bad.

[discodarcy.livejournal.com]

The whole thing actually makes me want to cry, its too much.
The road ahead for the entertainment industry is long and hard it seems, I see more things like this happening, not that the changes caused will be bad things.

[czarny.livejournal.com]

I love when harsh words are followed by a kawaii smiley.

"Shut your face or I will hurt you :3"

Kekeke.

And no I didn't read it. :(

[-ochre.livejournal.com]

It's okay at least you didn't ask for a summary. HAHAHAHA.

[super-genin.livejournal.com]

I think the trainee system is a bit financially impractical.

What if the entertainment companies operate these training programs liek real schools, wher the trainees have to pay for the expenses. If they're not financially well-off, they can pay later, but not being exclusively docked from the debuted artist's pay. The trainees can hold a part-time job to pay for their expenses.

But then again, I think this is culturally rooted in the master-apprenticeship thingy.

[legens-legentis.livejournal.com]

Yeah. I mean imagine how much it must've cost to train Jokwon for 7 years. I know that they want to get the talented ones early to have more control over them, but it's much better to find talent when it's more matured and closer to debut. Changmin from 2am only trained for 3 months and had no plastic surgery. Imagine how much money JYPE saved with him.

[seidy.livejournal.com]

I must say that I'm so afraid of SM's dirty truth that might coming any time soon, although I know that there's nothing can make me hate TVXQ boys.

BTW, I think I remember that I've watched (or maybe read) that SM's trainees need to pay the trainee class by themselves [while JYP help 50%]. Is it true?

[seidy.livejournal.com]

I mean "No pay, No class."

[dreamsbytheedge.livejournal.com]

I'm actually anticipating for what SM needs to reveal. And of course, the official statement afterwards.

And I really hope that the whole thing would end soon, and the whole entertainment scene improved and the "slave contracts" coming to an end. It's unfair to treat the artistes as "slaves" just for monetary profits, in which this means by overworking and underpaying them.
True enough, we must also consider the case in SM's point of view, in which they might lose quite a bit of revenue if they had to change their artistes' contracts drastically. But if the contract is so serious until the artistes are resulting to legal action, I'm sure that it will be beneficial for the entertainment industry in the long run.

A balance has to built somewhere between. No matter how tedious the process may be, this balance has to be constructed somehow. And may I say, by hook or by crook. Without this balance, we can expect more of these cases in he future. And honestly, it's really tiring, not to mention extremely depressing if such cases would to occur again.

...Idk. I'm really incoherent, and sleepy. It's midnight. I just hope that this case would come to an end in a peaceful manner, and of course, in both parties' favour without having anyone being "slaved" or losing anything.

...k.

[stopthedisco.livejournal.com]

[umbrella-smile.livejournal.com]

I just wonder with all the "inspections" that go on why these contract demands weren't caught sooner.

LOL@ "controversial secret"

There is no need to tell the world that this post is "tl;dr someone summarise pls". Read it or gtfo.
THANK YOU! I get so sick of that!

[umbrella-smile.livejournal.com]

Just to clarify, it doesn't mean they HAVE a secret about the boys, it just means it would take one to change the court decision.

[callmeliyah.livejournal.com]

I like that the articles are at least positive. Or they sound positive in regards to the boys. I really wanna see what SM has to say, but regardless of what it is, I'm certain people will just think they're dumber than what we already think. Or at least I hope it goes that way. I just want this to be all cleared up...

[readyforever.livejournal.com]

at this point, the only controversial thing i can even think that SM could bring out would be that they're hiding the fact that one (or two) of the boys is gay and that ~truth~ is what they're trying to protect through the outrageous 95-5 income division.

but...if that happens, lawl. no one's even going to bat an eyelash.

[hoyah.livejournal.com]

rofl

i was thinking sex scandal tape myself

[edgirl-12.livejournal.com]

PS: There is no need to tell the world that this post is "tl;dr someone summarise pls". Read it or gtfo. ^_________^

HAHAHAH ILU <3

[shopaholism.livejournal.com]

HALE YES. STICK IT TO THE MAN.

[cloaked.livejournal.com]

lol yr icon. i love that guy's paintings. have you seen the vampire bb?

[shopaholism.livejournal.com]

also:

SM has also stated that they will be revealing information that has not been told before and releasing an official statement.

lol do your worst. this is TVXQ you're trying to defame here, Cassies will have your balls in an iron grip - and they aren't afraid to twist, big boy.

[mayotteruhoshi.livejournal.com]

LOL
Best comment ever here.

But I completely agree.
The reason DBSK is so successful is because they have a not only huge fanbase by really loyal. We'll do anything for our boys. =D
xDDD

[locofruitcake.livejournal.com]

The tyrannical domination of the biased and vertical patriarchal culture that believes that, "Since I have raised them, I can do whatever I want with them," must now come to an end. It is time that a win-win and equal relationship was created in our entertainment business to take the industry to a whole new level.


le sigh. oh SME. what can you reveal that will make your profit allocation fair and justified?
contract length aside, it's all about the money - hard work deserves fair monetary returns, that's how reality works.

Income division is important to gain trust and investments. If income division is not transparent, that is what a slave contract is.
YUUUSSSSSS.

[sseoli-sseoli.livejournal.com]

[shopaholism.livejournal.com]

post that shit up, girl!

[kittykitt129.livejournal.com]

They are also bound to have increased their musical control and bettered their abilities to select their paths...Income division is important to gain trust and investments. If income division is not transparent, that is what a slave contract is.
That's it.

This ominous secret...must be a killer.