Our boys won just by a tiny percent O.o
TVXQ! (MV: Mirotic) - 48%
Super Junior (MV: Sorry Sorry) - 47%
Big Bang (MV: Sunset Glow) - 3%
Wonder Girls (MV: Nobody) - 1%
TVXQ "This lawsuit must end quickly"
TVXQ's Jaejoong, Junsu and Yoochun says they're "upset" in connection with this lawsuit.
TVXQ being represented by their law firm, stated this during the first hearing last August 21st at 10:20 in the morning with which they later met with reporters and stated that "the members of TVXQ are very upset" they said. And that "We're hoping to end this case in a good way" they added.
The three members applied a suit claiming for the invalidity of their exclusive contracts and the revenue distribution. On the other hand, SME said they have communicated the contracts properly to the five members before and that settling the contract was done properly.
The hearing of the case went for 1 hour and 20 minutes and said that all needed evidences/data should be handed in by September 12.
#02 - Yoochun's doggie
#05 - AADBSK3
#09 - 12:34
#10 - 090814 Jaejoong
Thank all of you who concern / donated / support us.
The first AD came out today, please check these links below.
★ AD #1 - Online ver.
(if you want to see it by yourself,
Aug.14 FOCUS Seoul -see page 41)
★ AD #2 - Offline ver.
(Published newspaper / photo taken by Daum cafe MODs) - sorry for poor quality!
※ All images are take-free, but please take them out with link to this post and/or DAUM CAFE (DAUM LINK), Thank you!
And another news!
We're now officially join with DNBN.
It means we will keep raise fund as like before - but we will pass our fund to DNBN for their upcoming AD, which will be published before Aug. 21, 한겨레(HanGyeoRae) Newspaper (this will could change in detail, but SURE it will be out before boyz first trial.).
This AD will be nation-wide one, unlike our first AD which only coverd Seoul / Kyungi Area.
Thank for your help, now we are having more than about 1,000,000 Korean won(and keep rising), even after we paid 1,650,000 Korean Won for the first AD.
So much money for so short term. We're really appreciate of your help.
Always Keep the Faith! ♥
To donate, read this post - Donate for ADs
On July 31st, three members of TVXQ, Xiah Junsu, YoungWoong Jaejoong and Micky Yoochun, filed for an Exclusive Contract Validity Suspension and Provisional Disposition Request Form, and the Seoul Central District Court has accepted the three members’ Preservation of Evidence Request.
The Seoul Central District Court has accepted the three members’ Preservation of Evidence Request that they submitted on the 5th earlier this month through the Sejong Law Firm. This request was for the preservation of all receipts, transaction slips, account books and such to calculate the exact amount of TVXQ’s income.
It has been found that the Court demanded that SM hand in all documents relevant to this lawsuit.
Actor Kim Jyesun will cast as a rival soccor player of Yunho
in the MBC's new Wedensday & Thursday drama series
"Hedding to the ground".
Name: 김재승 / Kim Jae Seung
Profession: Actor
Birthdate: 1983-Aug-15
Height: 185cm
Weight: 74kg
TV Series
Shining Inheritance (SBS, 2009)
Terroir (SBS, 2008)
Love Marriage (KBS2, 2008)
Hong Gil Dong (KBS2, 2008)
Billie Jean, Look at Me (MBC, 2006)
Sea of Sisters 자매바다 (MBC, 2006)
Nonstop 4 (MBC, 2004)
Good news to share , the ticket for Boy Pop F@ctory on August 20 which Jaejoong and Yoochun will participate in is sold out now. Though the ticket for August 18and 19 is still available. They had released more tickets (maybe the one that they were gonna sell at the door) at Lawsons and apparently, those were sold out too. The event will be pack for sure
Out of all the celebrities who have left their idol groups and set out independently, only a handful have succeeded. From the left, Eun Jiwon who is doing extremely well in a entertainment program, Lee Hyori who has succeeded as an actress as well as a singer, and Ok Juhyun who now performs in musicals.
Top idol group TVXQ’s exclusive contract dispute with their agency SM Entertainment has triggered voices that call for a change of how young idol stars are treated and trained. Although there have been dance groups who received the passionate support of teens in the past, the ‘Idol system’ in which agencies train and raise their stars is quite recent as it started in the 1990s.
Where are the first generation idols now?
Many of singers who were in the first generation idol groups, such as H.O.T. SechsKies, Fin.K.L. and S.E.S., have left their original agencies and are currently participating in solo activities. However, they have not been able to achieve the success they achieved when they were still part of idol groups. Lee Hyori, who was labeled a ‘Sexy Icon’ in 2000, has been testing the waters of acting, singing and shooting commercials and has been greatly successful in all three areas. Eun Jiwon stands out as he has gained much love from all age groups for his appearance in a popular TV entertainment program. In the case of Ok Juhyun and Bada, they have been using their amazing vocal abilities to succeed in musicals and the K-pop industry.
In the case of popular group GOD, who came after the first generation idol groups, the members have all gone solo with acting and singing but they have not been able to make as big an impact as they did when they were together.
In the case of long-running group Shinhwa, their activities have halted due to the enlistment of various members to complete their military service, but the others are busy with their solo activities.
After breaking off, they must train their abilities to be self-sustainable
The life of an idol group is very short and many say the longest an idol group will probably go is five years. This dispute TVXQ has with SM Entertainment may turn out like H.O.T.’s dispute with the agency, with the group naturally disbanding when the contract expires. However, it is not easy for a star to succeed on his own after he leaves his agency.
These days, many agencies teach each idol group member many talents to make them ‘multi-entertainers.’ However, this is not enough to be self-sustainable later on. A representative of A Agency said, “Compared to the first generation idols, idols these days are better at everything from composing and writing lyrics to playing instruments, to acting. However, there is a limit to all of these things,” and “Agencies should try to nurture the singer’s creativity level.”
Singer B, former member of an idol group, said, “When you become a trainee at an agency, they only teach you what they want you to know. So when you leave the agency and try to go solo, you don’t have all the abilities to do so because they didn’t teach you enough,” and “Idol group members can only survive afterwards if they’ve properly prepared their own unique talents.”
Music Critic Lim Jinmo said, “What is embarrassing about the current TVXQ dispute is that people are focusing only on the money aspect with no thought of any issues dealing with their music,” and “Agencies shouldn’t just focus on the income, they should be actively interested about the education that builds character and the development of individual talents if they want to maintain good relations with their celebrities.”
Remember that I have mentioned about this here? sorry for long wait... Let watch it... ^^
With Korean pop group TVXQ embroiled in legal action against its agency, SM Entertainment, over an allegedly unfair contract, fans and agencies alike are focusing attention on the validity of so-called “slave contracts.” Contracts are dubbed as such for reported disadvantaging the stars and would-be stars who enter into them with management agencies.
These excessively binding contracts came into focus when actress Jang Ja-yeon ended her life earlier this year amid allegations that she was threatened and forced to provide sexual favors by her former agent.
TVXQ brought yet another perspective to ongoing speculations regarding unfair practices carried out by both large- and mid-sized entertainment agencies here.
According to the legal document filed by three members of the group ― Micky, Xiah and Hero ― the agency prohibited their freedom as artists by claiming that the group’s and members’ activities belonged to the agency, requiring them to follow the agency’s demands to appear at certain performances and broadcasts, and requiring them to stay under the agency’s wing for 13 years.
Experts say that this type of contract is standard in Korea’s entertainment industry. A newcomer’s path to stardom depends highly on local agencies’ investments, unlike in the United States, where up-and-coming artists often sign deals with agencies after proving their talents at bars and small theaters on their own.
“From top stars like the late actress Choi Jin-shil and singer Uhm Jung-hwa, celebrities were ‘made’ into stars by their agents and agencies. These young artists need to be ‘invested in’ for at least 10 years,” said Choi Jung-han, a lawyer and former head of the Korea Entertainment Law Society.
The agencies, naturally, extend contracts for more than 10 years to collect investments in the future. Of course, this only applies to successful cases.
Choi explained that although agencies spend their time and money investing in several groups and aspiring talents, only a few of those clients ever taste success. This leads to contracts that trap successful stars into what is now referred to a “slave contract.”
“If the case with TVXQ and SM does not settle down in a proper way, the same incidents will continue again and again. We must revise contract terms regarding the contract periods and profit distribution,” Kim Won-chan, chairman of the Korea Singers Association, said during a radio interview last week.
Kim pointed out that although SM Entertainment claimed that they offered 11 billion won to the members, the fairness of the payment amount should be questioned, considering the overall profit the agency has received over the past years.
“There must be separate regulations detailing the maximum and minimum amounts in profit distribution,” he said.
The Fair Trade Commission posted a recommendation notice regarding the issue last month, setting forth a standard contract for artists and agencies.
“The commission did release the notice as a standard contract, but this does not have any legal effect, which is why many agencies and artists are quarreling about the actual practice of it,” culture critic Kim Sung-soo said.
Kim added that the overall atmosphere must change to scrap such “slave contracts” and messy legal disputes.
“This type of discontent appears because Korea focuses on only a number of stars. Agencies have no choice but to rely on those who are popular and successful. In the case of major entertainment agencies, newcomers have no choice to follow their contracts to become famous. We have to change the overall system so that the entertainment business can focus on a larger and longer perspective and nourish various types of artists,” he said.
Meanwhile, the group is expected to follow through with their scheduled performances in Japan. Avex, the group’s agency in Japan, said last week on its official Web site, “We will support TVXQ’s Japan activities to the full. We expect fans to continue to root for TVXQ,” according to Yonhap News.
“We have received assurances that both sides don’t want the group to disband. This is interpreted as meaning that SM and the three TVXQ members will go ahead with their scheduled performances in Japan,” Avex said.
The K-pop group will sing in Tokyo on Aug. 22 and 23 and Osaka on Aug. 29 and 30.
The five-member boy band will also appear on “Music Japan,” NHK’s music program next month.
090810 Oricon Daily Single,Album,DVD Chart Ranking
Single~
SM, Fights for the Trademark a little too late
This is an updated and more detailed article on this case.....
SM Entertainment has once again applied for the trademark rights for Dong Bang Shin Ki.
It is known that SM Entertainment had gone to apply for continuation of trademark rights for the name ‘Dong Bang Shin Ki’ at the Korea Industrial Property Rights Information Service (KIPRIS) on 5th August together with 3 other names
SM Entertainment is now attempting to secure TVXQ's name, a little too late. On the 5th of this month, SM sent an application for the exclusive rights to the name 'TVXQ' four times to the Korean License Information Center. Amidst the dispute SM has with some of the members of TVXQ, this application for the trademark is bound to cause controversy. Many will want to know, is SM's bid to be the sole owner of the name 'TVXQ' to 'secure' their rights for their business, or to 'shackle' the group?
On the day before, SM also applied for the exclusive rights to 60 other names such as 'Girls' Generation', 'Soshi', 'Sonyuhshidae', '小女時代', 'Super Junior' 'Suju'. The agency has applied for the rights of 64 names in a short span of only two days. In these 64 names, hundreds of calendars, cosmetics, glasses, lenses, furniture, bags, and beds have been included in the sub categories.
The application for a trademark is to stop third parties from getting money by unlawfully using the names of certain products. It also gives the person with the exclusive rights the ability to make supplementary businesses using the name. Therefore, the act of a group asking for the exclusive rights is usually seen in a positive right for the group would be asking for the rights to themselves. However, when an entertainment agency asks for the rights completely disregarding the celebrity in question, it can be seen as an act to shackle the celebrity from performing in the future.
Hwang Sukpil, a lawyer who specializes in the entertainment business, said, "Applying for the rights to a trademark is to protect the rights of that celebrity," and "But there is always a chance that this application can turn into a struggle to secure that name. It can be used to corner the agency's celebrity so that they can't do anything. Most of the time, agencies get the exclusive rights to celebrities without the celebrity even knowing about it."
Of course, just because one applies for the rights, does not mean they get them 100% of the time. Regarding 'Dong Bang Shin Ki', SM's application was rejected in 2004. Nonetheless, it seems SM is trying to get the rights again because of the dispute between them and TVXQ. We have investigated the reasons behind agencies' attempts to get the exclusive rights. What is waiting to be uncovered?
Agencies' Applications for Trademarks
To a star, their name is like brand that distinguishes them. This applies to when they use pseudonyms as well as when they use their own names. This is because when the public hears a celebrity's name, the image and the popularity of that celebrity comes to their minds. This occurs more amongst idol groups where many members form one team. Because the group's name is the image that represents all the members, there have been many instances of agencies applying for the exclusive rights.
In the case of singers, the application applies to their songs and performances. Since most of their income comes from album sales and concerts, these areas must obviously be protected by the law. For instance, if Seotaiji applied for the exclusive rights for their albums and concerts, they have protected themselves from having any third parties putting out albums or giving concerts under the name 'Seotaiji'.
Many of the applications for the exclusive rights for singers applies to albums and concerts. However, there have been instances where the singer or the agency applies for other areas. On the 4th, SM Entertainment filed an application for Girls' Generation and Super Junior regarding, not their albums and concerts, but bags, wallets, beds, etc that have nothing to do with the singers' activities.
The Meaning of A Trademark Application
It can be said that the application for exclusive rights to names is not simply to protect the rights of the celebrities from third parties. It can be also seen as an act of the agency to protect the rights to other businesses regarding the names in the future. It can be as an act of saving the name so the agency can put it on cameras or cosmetics which they would sell to the fans later.
Attorney Hwang Sungpil said, "The rights to a trademark is the right to expand the name's products. For example, if the exclusive rights for drama or movie titles were taken, the person who has those rights would be able to earn a lot of money from products related to the drama or movie titles." Therefore, an agency's application for rights can be seen as preparation to branch out their image later using that celebrity's name.
The majority of applications for singers is done by the agencies. There are times when the agency asks for joint-rights with the singers, but if they ask for exclusive rights, they open themselves up to more financial opportunities. Most of these opportunities have nothing to do with the skills and talents of the celebrity.
What are the Real Motives Behind the Agency's Application?
Of course there have been many instances where the applications for the rights to celebrities' names have been rejected. According to the Trademark Law Clause 7.1.6, "Brands that already include a part of an already famous name or nic-name cannot be given exclusive rights. However, the application can be accepted only if the person applying has received permission from the already famous person."
For instance, 'Dong Bang Shin Ki' can be seen as an already famous name. Therefore, without the permission of each individual members, it will be close to impossible for SM to receive exclusive rights to the name. In fact, SM applied for the rights for the Chinese character version of 'TVXQ' (東方神起) in 2004 but was rejected. Nonetheless, SM has applied for the rights once more.
One agency's representative said, "When one gets the rights to a name, the income one can get off that name is massive. The reason they are trying again, even though they've been rejected before, is because they know this," and "An agency's attempts to broaden the business markets other than music of a singer can be seen as the agency's attempt to reap in supplementary benefits from the singer even after the contract has ended as they already have the rights to the singer's name."
"Protecting Rights and Abusing Power, What is the Solution?"
The application for exclusive rights to a name goes by a 'first come, first serve' system. The first person to apply will get the rights even with they are not the ones who's name is being applied for. If the agency gets the rights to a group's music and concerts before they debut and become famous, this can cause problems regarding the team's name when the contract ends and moves agencies.
Therefore, it can be said that the agency has the upper hand in such a situation. If the group wants to continue working under their group name, they have no choice but to work under the agency that holds the rights. In reference to such an unfortunate situation, Attorney Hwang Sungpil advised, "To stop disputes regarding rights in the future, it would be wise for singers and agencies to have joint-rights to names."
Other than the Chinese character version of the members names and 'Tong Vfang Xien Qi HERO MAX Xiah U-Know Micky', no other forms of TVXQ's names have been passed through the application course. Therefore, if the members leave SM, they will still be able to perform under the name 'Dong Bang Shin Ki'. This also applies to each of the members' individual names.
However, if the application SM handed in the 5th is approved, the story changes entirely. Attorney Hwang Sungpil said, "Depending on how someone uses the exclusive rights, they can be a helper or a hindrance. Therefore, celebrities must always be very cautious when it comes to their rights."
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