JYJ files case against avex for interfering with planned charity concert for quake victims

Looks like the Japanese company avex needs to be taught a lesson before the conclusion of JYJ’s case in Korea against SM.  According to recent reports, JYJ has filed “two cases of provisional disposition in Tokyo Regional Court” against avex for their hateful interference at keeping the trio from performing a charity concert to benefit victims of the Japanese earthquake/tsunami.  The company who organized the charity event, ZAK Corporation, also filed a provisional disposition against avex.

Translated reports quote JYJ’s side as stating: “Avex has engaged in an unjust act in interfering with the concert to aid Japan’s damages from the earthquakes that was to be held on April 5.”

CJeS’s president released a statement in which he thanked the Japanese fans for supporting JYJ all this time, and expressed their desire to hold a charity concert which not only helps victims but also repays the Japanese public for their love.  Apparently JYJ and CJeS are set on raising money for the victims no matter if they can sing in a big arena or a much smaller venue.

From the translated release:

…the location for this concert may be rather poor, and may be lacking. Please believe in our sincerity, and we hope that everyone will be able to support us.

From now on, JYJ will not give in to such pressures, as long as it is a place where the Japanese fans can listen to JYJ’s music, we will be there.

For the sake of repaying the trust of the Japanese fans, I will fight with all I have so that they can once again listen to JYJ’s music and stories.

Here’s a little background information about this current situation.  After JYJ filed suit in Korea against SM Entertainment, they gradually made their way to Japan.  In Japan, they were still signed with avex and apparently forged an agreement for avex to represent them in Japan despite the ongoing lawsuit against SM. 

avex agreed, and JYJ began activities in Japan while the Korean lawsuit proceeded.  They soon began to cement their reputations and continued to set records for themselves on the Japanese charts.  The company JYJ chose to help them continue their careers is CJeS.  CJeS is the company they hired to coordinate their activities apparently with no objection by avex at the time.

When avex wanted to change the contract terms under which JYJ was signed, the Japanese company apparently made unacceptable and unfair requests. JYJ, who was already fighting SM because of unfair contract terms, refused to agree with these unfair changes demanded by avex. 

JYJ accused avex of coercion by attempting to force the trio to sign the new deal.  When they didn’t, avex trotted out the alleged past of the CJeS President as the reason why they were refusing to let JYJ perform in Japan. 

Translated reports say that avex (or at least senior executive(s) as avex) knew everything about the convoluted and as yet unproven rumors of CJeS’s President. But the Japanese company still continued to do business with JYJ and CJeS at a time when they were trying to get JYJ to agree to the new unfair terms.  Some observers allege that avex may have used the threat of publicizing the CJeS rumors if JYJ didn’t agree to the newer, more unfair contract terms.

Needless to say, this infuriated fans all over the world because they thought JYJ would get a fair shake from avex during a difficult time.  Not long after avex suppressed JYJ in Japan, they announced a deal with SM to showcase more of SM’s artists in Japan. Surprise, surprise.

And to bring this issue full circle: avex has scheduled their own charity concert in June 2011 where the 2 SM-protected members of TVXQ — the two who chose not to sue SM — will perform.  Do you get the picture now? 

JYJ cannot be allowed to perform a charity concert that could possibly raise more money or get more attention than the avex/SM scheduled concert in June.  That would be an embarrassment.  In addition, some observers speculate there may be people at avex and SM who want to make an example out of JYJ for fighting against these two big companies.

In a statement, avex claims JYJ planned the charity event without receiving any permission from them.  The only problem is avex has all but dropped JYJ in Japan.

avex is responding to this issue as if its simply a contractual problem despite the extenuating circumstances of a national tragedy in Japan.  To deflect some of the public ridicule, avex continues to trash CJeS’s president.

Many, including myself, have long since believed that avex will have to be put in their place for trying to play fast and lose with JYJ’s careers.  They seem to be purposely trying to damage JYJ’s reputation in Japan.  They seem to want to handicap them so that avex is the only place they could go for management in Japan.  They seem to want to make JYJ dependent on them and back them into a corner.

For all intents and purposes, avex has a big foot in Japan the same way SM has a big foot in Korea. And avex can go around threatening to sue the owners of concert venues for allowing JYJ to perform a charity concert regardless of whether or not its 100% legal to make those threats.

JYJ has already been dealing with a force in Korea (SM) with a much more dastardly hand than avex.  They already have experience in dealing with executives who have tried to ruin their reputations, forced them to comply to ridiculous terms, and kept most of the money they’ve generated.  And SM’s tricks are 10 times worse than anything of which avex can dream up.

[ What set u claim, foo?!]

According to avex, the CJeS president allegedly has “gang ties”, an allegation for which avex hasn’t presented any evidence. CJeS has of course vehemently denied those allegations. 

JYJ’s side released a statement last year after the initial dispute with avex.  In it, JYJ representatives stated:

It is true that he has a previous conviction, but the charge was not about a relationship with a gang.  Avex had been fully aware of this fact before it made a contract with the three members of TVXQ, and this cannot be a reason for either cancellation of the contract or suspension of activities for it is not a violation of the exclusive contract.

The things SM have legally been allowed to get away with until recently are more horrid than what may or may not have happened in CJeS’s past.  Both avex and SM are more well connected and can be scarier than any phantom “gang” anyone can dream up.

A ‘gang’ isn’t keeping JYJ from performing at charity concert in Japan.  avex is.  A ‘gang’ isn’t asking for unfair profit splits or asking for one-sided control of JYJ’s daily schedule. avex is.

In addition, according to JYJ’s response, CJeS got out of the way during contract negotiations between JYJ and avex so as to not cause any controversy.  It was avex’s unacceptable new contract terms which caused the problem. NOT CJeS.

From a translated JYJ’s statement at the time:

A few months ago, Avex asked the three members to make a contract which excluded CJeS [from the contract].  The members accepted this and sincerely participated in the discussion for a renewal of contract for amicable entertainment activities in Japan.

However, Avex insisted on unilaterally handicapped conditions to the members, which were different from the previous contract.  When the members refused, Avex made its position that it would cancel the contract because of the previous relation of CJeS’s CEO with a gang and finally notified the suspension of activities.

While the above procedure was under discussion, the three members diligently fulfilled their schedules arranged by Avex and tried to reach a peaceful agreement.

Unfortunately for avex, fans are good at keeping records.  One of avex’s executives personally vouched for the nature of the President of CJeS long before the rift happened between avex and JYJ.

That executive, VP Chiba Ryohei, made statements to fans via Twitter who raised the CJeS issue before.  These fans were told by that Vice President at avex not to worry about CJeS’s past. 

When a fan tweeted him wanting to know about CJeS, the avex executive replied:

“The trio’s new president is named Baek. A wonderful man who carries a lot of resolutions. Please take care of me too.”

Mr. Baek (or Paek) is the head of CJeS.  The one who is apparently a wonderful man… unless he can be used as a punching bag for avex’s ongoing public relations nightmare.

[ Contract? What contract? ]

According to some translated reports, avex exercised its right to suspend the contract between itself and JYJ last year when they blocked JYJ’s activities.  “Suspend?”  Apparently there’s a difference between “suspending” and “canceling” a contract.   avex chose to “suspend” the contract on their end which reportedly keeps JYJ from signing with another company in Japan. 

While this contract remains “suspended”, avex continues to profit from JYJ by releasing material of theirs in Japan.  So, avex HAVEN’T suspended their right to make money from JYJ fans, but HAVE suspended JYJ’s right to perform at a charity concert to benefit Japanese people.  Disgusting.

If that translation is correct, how is it that avex can claim they’re upholding a contract by preventing JYJ from performing a charity concert for Japanese victims? 

Contracts are 2 way streets.  JYJ met all of their obligations under the contract.  It was avex who chose to suspend the current contract and not keep up their end of the bargain; possibly because JYJ didn’t agree to the new terms.

avex appears to be breaking their obligations to the initial spirit of the contract by not promoting JYJ in Japan and, in the same breath, is using that same contract to keep JYJ from performing a charity concert.  Either there is a contract or there isn’t.  Either this is about contractual obligations, or it’s not. 

avex is also fond of using the ongoing lawsuit in Korea against SM as a reason for why they suspended JYJ’s contract.  Apparently that ongoing Korean lawsuit wasn’t a problem at all when JYJ first went to Japan under avex.  When they performed at A-Nation, the Korean lawsuit wasn’t a problem.  When Junsu’s solo ‘Intoxication’ sold almost 200,000 copies its first week in Japan, the Korean lawsuit wasn’t a problem for avex.

When they performed ‘Thanksgiving Live’ at Tokyo Dome last summer with avex’s backing, the Korean lawsuit was still ongoing.  When they released a mini album for avex which debuted at #1 on Oricon, the Korean lawsuit was still ongoing.  When Jaejoong was enlisted to be in a video for Ayumi Hamasaki (another famous Japanese singer), the Korean lawsuit was still ongoing.

But now that avex wants to get a stranglehold on JYJ and their pockets, ALL OF A SUDDEN the ongoing lawsuit in Korea IS a problem?  All of a sudden CJeS is the devil? I don’t believe in coincidences that huge.  Obviously avex needs a reason to keep themselves from being criticized.

If avex can legally keep JYJ from promoting their products in Japan, that’s one thing.  But its ridiculous to keep them from performing at a charity event to benefit Japanese victims.  There’s not getting around that fact. 

[ “I gaze at his eyes, touch his fingers…” What is this? A shounen-ai story? ]

On a side note, these are people who apparently weren’t so worried about CJeS that they could go out and get drunk with member Jaejoong, for example. avex’s VP was a little loose tongued with his twitter account and at one point tweeted: “I’m drunk now. Jaejoong is awesome. I lost at one hand push up by 35 to 40.”.

In a tweet from April 2010, he tweeted: “When I drink with JeJung, I gaze at his eyes, touch his fingers, feel his breath and drink. He allows me to.”

Wow. Joke or not, they can’t own JYJ (or specifically Jaejoong) and maybe that’s why the animosity seems so personal?

Anyway, at some point the working relationship soured.  But instead of acting like men, avex has done everything in its power to keep JYJ from performing a charity concert while blaming CJeS for everything.

In the avex statement, the Japanese company assumes JYJ doesn’t know anything and says, “Our company does not think that the JJY members themselves are aware of everything that is happening.  Our company wishes that the JYJ members will understand the situation correctly and the real intention of our company.”


As I wrote in an earlier article, it is not avex’s business whether or not JYJ is “aware of everything that is happening.”  If JYJ has to ultimately kick CJeS out, IT IS NOT avex’s business, nor does it have anything to do with the contractual relationship between avex and JYJ.  CJeS was hired by JYJ, not avex.  And JYJ are the only people that can fire them.  It is JYJ’s prerogative to hire or fire their management and/or to hold that management liable for any imagined wrongdoing.

To be blunt, how could JYJ ever accept avex’s tainted word about anything?  This is the same avex that dropped them like a hot potato and chose SM (…and SM’s money) last year.  And why is avex defaming CJeS to begin with?  This is a dispute between the two parties involved.  It isn’t a lovers quarrel where one side blames a mythical “home-wrecker” for problems which already existed in the relationship.  CJeS is not a hussy who ruined avex’s ‘marriage’ to JYJ.  avex’s whoring around with an enemy (SM) and trying to change the terms of their contract is what ruined this ‘marriage’.

In my opinion, avex is wrong.  Either avex will find the guts and decency to admit it, or the company will continue to blame someone else for their hailstorm of negative publicity caused by forcibly trying stop JYJ from performing a CHARITY concert.


Source mat.:
http://c-jes.com/w/149376#0 (Korean)
http://joynews.inews24.com/php/news_view.php?g_menu=700100&g_serial=569475&rrf=nv (Korean)
http://www.newswire.co.kr/newsRead.php?no=497868 (korean)
http://media.daum.net/culture/others/view.html?cateid=1026&newsid=20100917192104725&p=ohmynews (korean)

CJeS Statement:

This is C-JeS entertainment’s representative Baek Chang Ju.

Firstly, I sincerely thank you for your unending love and cheers for JYJ.

Despite a situation where JYJ was unable to do activities in Japan due to their Avex contract suspension, JYJ’s worldwide album as well as activities have received great support, and I am constantly grateful.

Due to the Tohoku Earthquake that occurred last month, while the whole Japan was struck by grief, JYJ grieved as well, with the emotions of a family.

So, for the sake of repaying everybody for their love, we planned a charity concert in hopes that we would recover from the Tohoku Earthquake as soon as possible. However, even though we pushed forward with the thoughts of wanting to do whatever we can, regardless of our intention, the cancellation of the concert, as well as other troubles occurred. The tickets had already been sold, and to everybody who had been looking forward to the concert, we apologise for the inconvenience caused.

When I thought about the Japanese fans who had been waiting for JYJ’s performance for a long time, I decided that we cannot showcase a slipshod performance. We considered cancelling the performance, but to keep the promise that we made to the fans who have been silently waiting and believing in JYJ, we decided that the performance will go on.

I will do my utmost to ensure that the performance be held as planned.
For the Japanese fans, this concert is not just a one-time event, please take this to be a sign that JYJ will be starting activities in Japan from now on.
Therefore, the location for this concert may be rather poor, and may be lacking. Please believe in our sincerity, and we hope that everyone will be able to support us.

From now on, JYJ will not give in to such pressures, as long as it is a place where the Japanese fans can listen to JYJ’s music, we will be there.
For the sake of repaying the trust of the Japanese fans, I will fight with all I have so that they can once again listen to JYJ’s music and stories.

Dear Japanese fans.
As always, please continue to be a pillar of support that JYJ can believe in, and give them your strength.

As long as we believe, we can do it.

Baek Chang Ju

Source : [C-JeS.com]
Translated & Shared by : dongbangdata.net

SEPT 17 2010 [FULL TRANS] Statement by JYJ’s Attorney, Im Sanghyuk, on Avex

The legal representative of the 3 members, attorney Im Sanghyuk (Lawfirm Sejong) revealed in an interview with this reporter on the 17th that: “Avex demanded multiple times for changes to the contract that the members could not easily accommodate, such as the ratio of profit distributions and more.”

Attorney Im Sanghyuk disclosed: “In particular, even though it was agreed that with regards to the activities of the members all points would be proceeded with upon obtaining consent of both parties through reaching an agreement, among the demands that Avex made were the power to determine the schedule unilaterally, and such other contents which could not be easily accepted on common-sense grounds.”

Attorney Im explained the theory that Avex has put up as the excuse for suspending JYJ’s activities, that the director C-JeS was connected with a gang: “The person in question, Director Paek himself, has gone so far as to notify Avex that if such was really the problem he himself would get out of the contractual relationship, but Avex did not accept this. In the end, we came to the conclusion that to proceed [with the relationship] in a normal manner would be difficult.”

In fact, the members of TVXQ have revealed in a previously-announced press statement that said: “Many months ago, Avex has cited the above reason to demand a contract that excludes C-JeS, and the 3 TVXQ members accepted this in order to do activities in Japan smoothly and diligently participated in the discussions of renewing the contract.”

Attorney Im said: “If one examines the series of events, there are many circumstances (asserted) by Avex that can only be accepted only when forcibly [stretching one’s logic/imagination]. If Avex refutes this, our side will make public additional contents.”

Attorney Im added: “The essence of this dispute is that contrary to the content of the existing contract, the management company has presented conditions that are unilaterally disadvantageous to the affiliate entertainers and so havesuspended their activities without regard to the intent of the members. Despite this, it is saddening because it seems that the focus is becoming dimmed due to the attention of the public flowing to the director of C-JeS who has no relation to a gang.”

Attorney Im criticized that “it is an immoral deed to tie the feet of TVXQ because Avex cannot fulfill its avarice,” and repeatedly emphasized: “I will put much effort to resolve this without fail so that the 3 members can engage in activities in Japan smoothly.”

Source: Ohmynews http://media.daum.net/culture/others/view.html?cateid=1026&newsid=20100917192104725&p=ohmynews
Translation Credit: JYJ3 http://www.jyj3.wordpress.com/

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