jung chanhyo(vjt_94) · @Vjt94
24th Jul 2013 from TwitLonger
[Collection]130724 About SM Entertainment and KFPCAI banning JYJ + Statement from CJES and JYJ with regards to the FTC announcement + the signatures from JYJ’s 180,000 fans
*) About SM Entertainment and KFPCAI banning JYJ
On July 24th, the Fair Trade Commission (hereafter FTC) revealed that they have ordered SM Entertainment and the orea Pop Culture and Arts Industry Coalition (hereafter KFPCAI), who have been obstructing JYJ’s broadcast activities, to cease their obstructive actions.
The FTC found that SM and the KFPCAI have worked together to request business’ in the industry to prohibit JYJ’s appearances on broadcast programming and musical distribution after JYJ, who were active as members of TVXQ, formed in October, 2010.
**The KFPCAI and SM collaborated in November, 2010, to send documents requesting that JYJ be prohibited from appearing on public broadcast and engaging in music distribution. Including the music distribution company Warner Music Korea, the documents were sent to 3 major broadcast stations and 6 music and cable stations, and 11 album retailers and 5 online music service sites, making that 26 companies in total.**
The documents stated that JYJ “signed with another company (i.e.: having a double contract)” and other unconfirmed speculations that SM unilaterally relayed. SM one-sidedly warned in the documents that having JYJ appear on their broadcasts and helping JYJ distribute their music can bring about legal issues.
JYJ sold 300,000 copies of their first album and achieved great success, but after the KFPCAI sent the aforementioned documents, JYJ faced immense obstacles promoting as singers domestically, not being able to appear on music and variety programming and left out on music rankings for music shows.
A FTC rep commented, “Despite JYJ’s high album sales, their activities as a singer was restricted in Korea, and had to promote through areas where SM’s influence was less like dramas, musicals, and advertisements.”“SM, one of the big 3 agencies, and KFPCAI, which is composed of various organizations involved in the entertainment industry, applied incredible pressure on companies and as a result, JYJ experienced cancellations of music and variety programs, change in music ranking, and cancellations of documentaries and theater screenings.”
Finding that SM and the KFPCAI obstructed the activities of JYJ, the FTC said that they have broken fair trade legislations and ordered SM and the KFPCAI to cease their actions.
The KFPCAI was ordered to relay this order to the 26 companies they pressured to prohibit JYJ as well as the 12 companies that comprise of the KFPCAI.
In July of 2009, JYJ’s three members, who were active as members of TVXQ, stated that their contract was unfair and requested to void the contract with SM Entertainment, commencing a long legal battle.
After numerous legal proceedings, the lawsuit ended with mediation being accepted by both sides in November, 2012.
A representative from the FTC stated, “The unfair agreement and actions of the entertainment companies proved to be a social problem, but regardless personal opinions of artists and demands of the public, entertainment companies have been dictatorial about management system. “ and “We anticipate that the happenings of this event will serve as a warning to similar unfair practices that may appear in the future.”
*) Statement from CJES with regards to the FTC announcement
“Through this investigation, it has been clearly revealed that SM Entertainment broke fair trade laws and used their monopolistic, dominant position to pressure those who are at a disadvantage multiple times. We believe the orders of Fair Trade Commission appear to raise the alarm to those despotic companies which go against the current governments Creative Economy Policy.
Despite releasing albums, JYJ is still facing the disadvantage of not being able to appear on public programs. However, with the support of today’s policies and systems, we think that JYJ can stand on a fair stage with their future activities.”
*) Statement from JYJ
“We thank the FTC for their decision. This fight began in 2009 and since then, we felt that we’ve been walking on a path with no end. However, with the announcement from the FTC, we feel a bit liberated and that we received much support. We hope that through this order from the FTC, all entertainers will be able to stand on fair and equal stages and that a road will be opened for our juniors in the future.
Although our path is still a long, dark tunnel, we saw a flash of light in that darkness. We will constantly work towards that light and will work hard every moment to repay everyone with great activities.”
*) About the signatures from JYJ’s 180,000 fans
It has come to light that the signatures from JYJ’s 180,000 fans were a great help making the result in which the Fair Trade Commission (hereafter FTC) sided with JYJ’s Kim Junsu, Kim Jaejoong, and Park Yuchun.
On July 24th, the FTC has ordered SM Entertainment (hearafter SM) and the Korea Pop Culture and Arts Industry Coalition (hereafter KPCAIC), who have been obstructing JYJ’s broadcast activities, to cease their obstructive actions. While the FTC was announcing the statement, they said “We had received many petitions of JYJ fans wanting JYJ to have TV appearances.” It was reported that JYJ’s domestic and international fans participated in the petitions. Some Twitter user (T/N: allegedly, @saku_hera*** of dnbn.pe.kr) tweeted “The petitions the FTC have just mentioned are the signatures of JYJ’s international fans. And the judge said the petition was a formal declaration.”
The lawyer Lim Sang Hyuk, who helped JYJ with legal advice, said in his interview with Star In, “The FTC’s decision today was the result of the efforts from JYJ fans, not CJes or its legal team.” Mr. Lim said JYJ fans gathered all the petitions and reported to the FTC, and then the FTC started investigating on the basis of the petitions and finally made the orders.”
JYJ fans, on February 28th 2011, filed a petition to Seoul Central District Court and the Fair Trade Commission. One JYJ fan, who went to law school in the United States back then, played a key role in organizing the petition. The remarkable history was made in 3 weeks, from February 2nd of the year, by 86,418 fans from 118 countries participating in the petition which was translated into 10 languages; French, Turkish, Portuguese, Spanish, etc. And it is said that they submitted the document to the FTC as an official declaration, not as a petition, requesting legal settlements. After that, more petitions were added and finally 180,000 participated in total.
As a result, the FTC made their orders on the 24th of July, stating, “When JYJ released their first album and tried to start having activities as singers, SM and KPCAIC obstructed JYJ’s broadcast activities and casting by sending the official document (link) to the 26 companies including TV stations, offline and online music distributors, and etc.
Source: E-Daily Star IN + Nate + Top Star News
Translated by: @ohmyjunsu + @jaetaku
Collection: @vjt94