Today, there has been an article in the Tabloid Shukan Bunshun. The important excerpt is as follows:
(Avex said,) "The 3 are artists under exclusive contracts with Avex, and to hold the event hosted by ZAK corporation is clearly a breach of the contract. Furthermore, Avex judges that the event has an element of profit."
Because JYJ's side has argued that this is a violation of goodwill/business rights and is petitioning for an injunction, Avex has said that: "As for the specific arguments, we will make them in the court of law."
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[JYJ3 Note] Shukan Bhukan is a tabloid. It is not certain that this is trustworthy news. For instance, Avex is making absurd assertions-- the most obvious being that the charity concert was actually for JYJ's profit. However, for this note, let's assume that the above is indeed the truth of the sake of discussion.
Readers, are you familiar with the legal history of the JYJ's legal fight for their right? JYJ has actually filed similar legal actions and have won them already in the Korean court against SM.
The above says that JYJ is petitioning for an "injunction." Actually, the very first legal judgment that was ever rendered for JYJ, on October of 2009 -- the grant of the preliminary injunction to suspend the effects of the contract -- was also an "injunction" (found here). An injunction asks the court to stop an entity from acting a certain way or to force the entity to act a certain way. In the Korean injunction, JYJ asked the court to stop SM from interfering with their entertainment activities. In this Japanese injunction, JYJ may be asking for the same thing, or a different thing. (By the way, after JYJ's victory, SM filed an objection. They completely lost in February of 2011, as you can see here.)
Another judgment that JYJ won, which actually addresses the very issue that Avex raises in the above article, can be found here. In this suit, SM had argued that JYJ and C-JeS had violated the JYJ-SM contract by entering into an exclusive contractual relationship with C-JeS. The court, in an one-page opinion (which shows how weak SM's arguments were), wrote that the relationship between JYJ and C-JeS was NOT one that was between an agency and its exclusive artists and therefore it was NOT "dual contracting." Furthermore, the court also found that SM had no rights to enforce the SM-JYJ contract because that contract had been suspended by the abovementioned injunction.
How is that judgment relevant to the (potential) legal battle between Avex and JYJ/C-JeS? First, that this is not "dual contracting"-- the JYJ-C-JeS relationship is not in the character of the "exclusive agency" relationship that is supposed to exist under the JYJ-Avex contract. Second, Avex, like SM, probably has no right to enforce its Avex-JYJ contract because its actions effectively invalidated the contract. The contract imposed certain duties on Avex like all contracts do, and Avex most likely broke several of them. They include, among others, the duty to actually manage JYJ's careers in good faith. That Avex is in breach of this basic duty is obvious. Not only did they suspend JYJ's activities indefinitely for a reason that they knew to be a lie, they actually took it upon themselves to block JYJ from appearing on Japanese charts and from performing in Japanese venues. This is a clear violation of a management's duties owed to its exclusive artists, especially those who have nowhere else to turn due to the exclusive nature of the contract. Not only that, instead of faithfully managing JYJ's careers, they have continually and personally defamed them through the mainstream press, and most recently, on their Twitter accounts run by their top executives. We are sure that the readers can find other reasons too that the contract is invalid.
Again, the above news is not certain because it is a tabloid. Nonetheless, it is good food for thought. We also encourage everyone, if not already, to become more educated on JYJ's legal victories. They are making history in Korea and you are witnesses.
Source: Shukan Bunshun
Credit: JYJ3
Shared by: Kirikirimai15
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