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Avex sues the venue that held JYJ’s Japan Charity Concert

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[Trans/Summary] Avex sues the venue that held JYJ’s Japan Charity Concert

Posted on July 25, 2011 by jyj3

Summary of the article in “Shukan Gendai” –Weekly times- Newspaper

On the 10th of May, a warning was sent to the Sumo Organization, clearly requesting the suspension of the event.

Then, a representative from the side of the Sumo Organization called on the 12th of May, saying “figure out your trouble between the involved parties (T/N: JYJ and Avex) because we’ve already allowed the use of the venue, and received the rental fees” the representative informed them rudely. (T/N: the quotes from the representative were written in informal speech that can be considered rude when spoken in such a formal situation.)

“Right before the concert on the 2nd of June, we sent them another warning, but it was useless” a person from Avex said. Avex took all the temporary methods to stop the concert but, it is now forced to take legal actions against the Sumo Organization, the management company and others seeking compensation of 143,400,000 Yen (T/N: approximately $1,834,200) and is taking the case to Tokyo district court.

The compensation was estimated based on the calculation of the profit that Avex would have gained if they held the event as the management company. “All the other concert venues in Japan knew about the trouble between us and the Right-wing gangster organization, and refused to host the concert.

Why was the Kokugikan (T/N: sumo hall) the only one to accept them? You start to suspect that they have connections to the other side (T/N: Right-wingers)” says a member of Avex management.

(Part not related to the lawsuit omitted)

Concerning this lawsuit, the Sumo organization stated, “The petition for the lawsuit has not been confirmed yet, therefore we cannot answer any questions”

For a sumo organization who is covered in scandals and barley managing to finally hold a tournament, the opportunity of hosting a concert for such a popular idol group was an irresistible temptation, but the final result was that they made an enemy of such a huge recording company.

Sourcehttp://ameblo.jp/76672069/entry-10964332096.html
Translation by: As0or83 of JYJ3
Shared by: JYJ3

Ok, i have taken some personal notes regarding this act by AVEX:

– personally, i thought AVEX really have lost their mind by suing the venue. for my understanding, as i dont familiar with Japan Law, the so called. ‘contract problem’ is between AVEX and THSK/JYJ. so it doesnt concern the venue at all. if JYJ and Cjes decided to hold the charity concert in a public parking lot or public garden or in a forest, they will sue those places too?

– this event was for charity, as in non-profit event. i believe people already knew, that CJes n JYJ themselves even asked fans to didnt bring any gift for them, bcoz the even was meant for charity, to help Japan. but AVEX, as a company in Japan, who supposed to support any activity helping their fellow citizen who, even until now still need help, suing the venue with a compensation “estimated based on the calculation of the profit that Avex would have gained if they held the event as the management company” so for them, its not ‘contract problem’ like they said as a reason why they keep blocking this charity event, but because they wont gain any profit from the event. i mean, really AVEX? its for charity to help your people and all you can think is the profit?  i believe this shown true face of AVEX.

– “Why was the Kokugikan (T/N: sumo hall) the only one to accept them? You start to suspect that they have connections to the other side (T/N: Right-wingers)” says a member of Avex management.”

its so funny, how AVEX keep saying about the ‘right wingers’ (as in yakuza) in everything that related to JYJ. first they accused CJes CEO have a connection with yakuza. but we all know that it was AVEX who introduced JYJ to him and how Matsuura even praised him alot. then as we all know, now he keep saying bad thing about CEO Baek.and accused him have realtionship with ‘yakuza’. and now, the accused Sumo Organization also have a relationship with ‘right wingers’ (yakuza) also. i mean, come on AVEX, must you accused everybody who dare to refused u as they have a relationship with yakuza ? beside, even if they do, what is the relation between them having relationship with ‘right wingers’ with them let JYJ having a charity concert? at least they have a heart to let the charity to help their own people happened.

“You start to suspect..” well, avex, i believe it just you who suspect like that, since all people care is how the event could help people in Japan who in need and still need help.

and i believe people also heard the news that in fact it was Matsuura himself that the one who have connection with ‘the gang’ (1) (2)

really, Avex, how low can you be???

Source :

(1) http://www.excite.co.jp/News/magazine/MAG6/20110623/91/ (original article in Japanese)

(trans of the article in English : http://jyj3.net/2011/06/22/info-news-reports-avex-ceo-matsuura-charged-for-gang-connections-locked-up-and-threatened-shareholder/)

(2) http://jyj3.net/2011/06/21/info-article-linking-jyj-to-right-wing-based-on-fabrications-story-context-explained/

 

 

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Written by one_nee

July 26, 2011 at 7:56 am

Two new singer tried to cover wasurenaide without credited Jaejoong and claimed as they are sing it, the song belong to them

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i dont know if you people have read this :

Jaejoong’s “Wasurenaide” Taken by Avex Artist “Roy” Whose Single Releases Tomorrow

Posted on July 16, 2011 by jyj3

The below is a clip of a Chinese singer named “Roy” who is signed with Avex singing Jaejoong’s self-composed song Wasurenaide.

Photobucket

He is releasing his first album tomorrow (7/18), under Avex, with Wasurenaide as his first song of the two-song single.

The description on the website, a popular music download site, does not credit or acknowledge Jaejoong. It merely states that the R&B music matches Roy’s vocal and that he expressed the song well.

Below is presumed to be one of the album covers and you can see that it has the Avex logo (note : the 2nd logo from the top left)

Photobucket

This is sickening. We have no words. Suffice to say that Avex and its supporters have sunk to a low that could not even be contemplated. We cannot begin to imagine how Jaejoong feels and this breaks our hearts.

Credits: Ceskjj2; Weibo; Xavi; Sukissmin

Shared by: JYJ3

And then the singer, Roy, after being protested by fans release a statement in which he indirectly admitted thay took the song without Jae’s consent and defend avex saying avex didnt involved in this matter (and i was like EH???), in which so hard to believe as the album cover have Avex logo as he is avex-affiliated artist, in which avex as THSK company hold the copyright of the song, which means Roy n his partner must get the song from Avex, or ask Avex if they could sing the song in their album. REMEMBER, THIS ALBUM SUPPOSED TO RELEASE TOMMOROW. AND HE SAID AVEX DOENST EVEN INVOLVED IN WASURENAIDE INCLUDED AS FIRST SONG IN THE SINGLE (which only contained 2 songs including Wasurenaide by the way) THAT GOING TO RELEASE TOMORROW? YEAH, RIGHT (*roll eyes*).

Here’s his statement :

Statement from the Avex-Affiliated Artist “Roy” Who Took “Wasurenaide”

Posted on July 17, 2011 by jyj3

Context:

Today it was revealed that a Chinese artist with the alias of “Roy” had been set to release a single with Jaejoong’s self-composed song Wasurenaide. His album cover from his own Weibo indicated that he was Avex-affiliated. He also obtained clean instrumentals for Wasurenaide onto which he could overlap his voice. This single was set to release tomorrow.

Roy wrote in his weibo the following:

Regarding the song , I would like everyone to calm down. I understand your feelings. I’ll make an official statement shortly and the song will be temporarily cast aside. This matter has nothing to do with any media company. Do not implicate them! I apologize for the inconvenience caused. Sorry! Please understand!

And then, he wrote the following statement:

OFFICIAL STATEMENT

Hi everyone, I am 左其铂. Please give me some time to clarify this incident.
Because the song has been prematurely leaked online, many TVXQ’s fans have expressed unhappiness over (my) remake of Korean singer, composer and songwriter Kim jaejoong’s Japanese song .
I hereby make an apology.
I am also aware that this song bears too much stories and memories for you, and I believe I will join your united and warm big family, because like yourselves, I like kim jaejoong. I like his talent and vocals. Kim jaejoong is also my idol and role model.
Therefore, we will cautiously handle all problems relating to , we will try to reach an agreement with Kim Jaejoong himself.
Cassiopeia, be rest assured. From now on, the song will be cast aside, it will not be released nor performed prior to an agreement being made.

Also, as a disclaimer:

Composed by: Kim Jaejoong
Lyrics (Chinese) : 左其铂/魏苏
OT: 忘れないで

I did not expect this to happen, and failed to consider the feelings of TVXQ’s fans.
I hereby apologize and hope to be forgiven!!!
In addition, this has nothing to do with 天娱 media, AVEX, S.M. Entertainment.
There are no relations at all, it’s not what it’s rumoured to be, that avex sold jaejoong’s song.
Hope everyone understands. Do not wrongly accuse the companies who are not involved. If anything, you can blame me. Because it is I who chose to sing the song, so I should be the one held responsible.
We will respect the rights of the composer.
I am very sorry for the inconvenience caused! I lacked consideration! Sorry!
Thank you! Hope everyone can give me a chance! Do not pursue this matter any further!

2011/7/18
左其铂

http://weibo.com/n/左其铂

notes : Roy confirms one thing long-suspected. Roy and Avex failed to obtain the consent of Jaejoong before using Wasurenaide. The single was to release tomorrow. If the fans had not intervened, the song without Jaejoong’s consent would have been officially on the market for monetary gain.

Second, we doubt that we are not the only ones sickened by his placation and appeal to emotions of “fans” as a fellow fan. But his personal good feelings towards Kim Jaejoong, even if genuine, does not excuse him and has nothing to do with why one should be exonerated. Further, the fans are not the ones he should be apologizing to. It is Jaejoong.

Third, this Avex-affiliated artist, whose album cover clearly states that he is Avex-affiliated and who must have received clean instrumentals of the song from Avex, claims that Avex is uninvolved. This defies logic and is difficult to accept.

Fourth, Roy admonishes– “do not pursue this matter any further!” He should realize that what he was about to do is not something that can simply be swept under the carpet.

We are relieved that Jaejoong’s own Wasurenaide will escape clear rights violations, but one thing is clear– a holey statement such as this achieves little.

Source左其铂’s weibo
Translation credit: @white_faith
Shared by: JYJ3

he wrote the statement was coz the song “has been prematurely leaked online” so, it means if it wasnt leaked, he n his partner, Lee Si Wei STILL GONNA RELEASE THEIR SINGLE ALBUM WITHOUT PROPER CREDITTED JAEJOONG AND ASK HIS PERMISSION AS THE WRITER AND COMPOSER OF WASUREANIDE. AND REMEMBER HE JUST ‘TEMPORARILY CAST ASIDE” THE SONG, in which in the end, they still gonna released the song. at first i was mad, but i tried to think positively that, well they are new artist, and maybe it was their company chose the song and told them to sang it. and about the statemnt, it seems like it could be his company told him to wrote that, as i dont believe he will be that foolish to said Avex didnt involved in this matter… yeah really… coz Avex dont monitor their artist who gonna release a single that they dont know that their new artists have recorded a song without their permission n never told them to ask permission from the righful creator of the song (*roll eyes*).

BUT! after i tried to calmed myself, his partner release this statement:

Female Singer Co-Releasing with Roy’s Single Writes About Jaejoong and Wasurenaide

Posted on July 17, 2011 by jyj3

Lee Si We is the female singer who is co-releasing with Roy’s single.

Translation:

I hope there will not be a scandal.
We’ll wait for 7.18 (T/N: The official date of Roy and her single’s release).
Because you need to know, it’s very difficult to make music! Very difficult! The definition of “original work” is not just self-composed, self-written! Even if the song was not written by us, we cherish it too, every word every line, even the album! What we sang belongs to us, what we’re trying to express is also ourselves! Hope everyone can think positively, isn’t that better?”

T/N: Yes, it is difficult to make music. That is why we respect the creator and give him due credit, compensation, and recognition. To “think positively” does little to rectify wrongs, such as taking Wasurenaide without consent from Jaejoong. The values the writing espouses are beyond our comprehension.

Source: Lee Si Wei’s weibo
Translation credit: @white_faith
Shared by: JYJ3

what made me furious is her words : “The definition of “original work” is not just self-composed, self-written! Even if the song was not written by us, we cherish it too, every word every line, even the album! What we sang belongs to us”
she said that “the definition of original work is not just self-composed, self written”? is this girl dunk? if the definition of original work not bcoz of self composed n self written, so what her definiton of ‘original work’? and she said she knows how hard it is to MAKE music, but yet she said that it what they sang belong to them. singing is not creating, singing is to make the written n composed song come to alive. just as the same like just because you eating MC Donalds n told people about it, doesnt mean MC Donalds then belongs to you, doesnt mean that by eating n told people about it, you can claimed that it was yours. so if they sang MJ’s song, than the song now theirs? really, if for her,  the definition of original work not bcoz of self composed n self written, than i dont think any of song writer will give them their creation, as they wont be the creator ‘original work’, cos for her, every song she sang, it belongs to her, not the creator… gosh, they sang a song made by people without asking permission and than claimed ‘what we sang belongs to us’? there’s a word for that, lady, it called STEALING. in which i believe in entertainment world it worst that plagiarism.

and i dont think after this matter, i would felt ok if they still gonna release Wasurenaide. they didnt show respect to Jaejoong as the creator of the song. and Roy said it was his fault as he aware  how much Wasurenaide means for TVXQ fans, and yet, he and his partner still gonna release the song without proper creditted Jaejoong. moreover, Roy and Lee Si Wei just shown how little respect they have for in this matter, by Roy saying this issue as ‘incident’ songwriter right violation is a big problem. it contained legal rights, not something you could easily just called it as ‘this incident’. and Lee Si Wei just shown how little respect she has for Jaejoong as the creator of Wasurenaide, as she said that what they sang belongs to them. and how so easy she ask people to “think positively”. it isnt about think positive or not. you took someone belonging, without asking he/she permission, i believe, this called ‘stealing’. and i believe no one, everywhere, in any circumstances, moreover in music industry will just gonna ‘think positively’ about someone stealing other’s people work.

moreover Roy said Avex nor SME  involved in this. so, who gave them permission to use the song and release it in their albums? coz from his statement, it seems they dont even have permission from both the creator, nor the company who take hold of the copyright.

Written by one_nee

July 17, 2011 at 10:19 am

Japanese Fans Submit Report to Japan’s Fair Trade Commission on Avex’s Unfair Practices

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Japanese Fans Submit Report to Japan’s Fair Trade Commission on Avex’s Unfair Practices

Posted on May 24, 2011 by jyj3

The Japanese fans of JYJ Their Rooms have reported the unfair transaction practices of Avex to Japan’s Fair Trade Commission and along with its Petition. JYJ Their Rooms has previously made an inquiry to the Consumer Agency  and has also sent the Consumer Agency with more materials for investigation. The below is the translation of the submitted report to the Fair Trade Commission. Because we believe that the acts described below in 1 through 3 by Avex Group Holdings Inc. (hereafter, “Avex”) towards JYJ (under the management of Avex, “JUNSU/JEJUNG/YUCHUN”) are subjected to charges of violating antitrust laws that prohibit unfair transaction practices, we ask the Fair Trade Commission to investigate and to take proper measures. 1. Unjustified Interferences with JYJ’s Charity Concert JYJ, in order to aid in the restoring efforts of the earthquakes in eastern Japan, immediately after the earthquakes simultaneously donated 600,000,000 KRW (approximately 43,000,000 JPY) through the international relief and development organization World Vision and planned a charity concert to be held in Japan on June 7(Exhibit 1). However, due to the interference of Avex, Yokohama Arena which was originally planned to be the venue for the concert, and Saitama Super Arena which was next planned to be the venue, one by one came to refrain from permitting their uses (Exhibit 2, 3). On this incomprehensible event, there are news reports that state that Avex had, under the table, pressured Yokohama Arena that “if it is used by JYJ, then in the future, no Avex artist will ever use the venue” (Exhibit 4). We believe that Avex’s actions as the above to interfere with the venue usage of JYJ’s charity concert are violations of antitrust laws which took place due to the overwhelming influence it wields in the music industry. 2. Unilateral Cessation of Activities With Regards to JYJ Originally, JYJ began its Japanese activities on April 14, 2010 after entering into an exclusive management contract with Avex Management Inc., a subsidiary of Avex (Exhibit 5). However, not even six months after on September 16th of the same year, Avex unilaterally announced JYJ’s cessation of Japanese activities (Exhibit 6). On this, JYJ is arguing that Avex presented conditions that were, contrary to the original contract, unilaterally disadvantageous to JYJ, and that upon refusal to accept them, brought out the past history of the director of C-JeS Entertainment (JYJ’s management company in Korea) which it was aware of at the time of contracting to notify JYJ of the cessation of activities (Exhibit 7). From the time of the cessation of activities to now, Avex is blocking JYJ’s Japanese activities despite profiting by selling JYJ-related products (Exhibit 5). We believe that these actions by Avex simultaneously violate sound commercial integrity and also constitute unfair transaction practices towards the foreign artist JYJ who is positionally the weaker party in Japan’s music industry. 3. Exclusion of JYJ-Related Products from Oricon Rankings and Its Lack of Prior Notification On March 2, 2011, close to six months after the cessation of JYj’s activities, Avex released “Memories in 2010,” a JYJ DVD, and “Thanksgiving Live in Dome Live DC,” a JYJ CD album (Exhibit 8). However, even though the above DVD and CD were ranked #1 in retailers’ sales rankings, they were not reflected on the Oricon rankings. On this, Oricon notified ex post that the reason for this exclusion from its rankings was that: “The products were originally those being examined as to their releases because Avex, due to having ceased the artist’s activities, had conditioned that all promotional activities, including the revelation of rankings, shall not be conducted” (Exhibit 10). In the music industry the Oricon Charts wield a large influence. As the Billboard Magazine of the United States, it is the first to be used as the valuation index of the Japanese music industry and various mediums such as the television organize many programs that use these Oricon Rankings. Furthermore, Oricon Inc., which operates the Oricon Rankings, describes itself as follows: “Our group makes it our company policy to contribute to the development of culture and society by producing the most trustworthy information on rankings from the consumer-oriented position and gaining public trust.” It puts up as its primary business “the ‘business of data service’ that produces marketing data and ranking information based upon actual-sales data from stores in cooperation in all of Japan” (Exhibit 11). That a major corporation in the music industry such as Avex colludes with Oricon Rankings that claims to be “trustworthy” and to be “marketing data and ranking information based on actual-sales data” and monopolizes the usage as a sales index for music-related products in order to exclude the above JYJ-related products from these rankings—does this action not constitute an unfair transaction practice. Furthermore, the fact of this exclusion from the rankings was first revealed through the website of Oricon after the release of the products (see Exhibit 10) and the consumers were not give prior notice. Those products that had not been included in the Oricon Charts in the past had been marked upon its release that “this product is not reflected on Oricon and rankings that originates from it and we ask for your understanding” (Exhibit 12). Furthermore, the products that were released during the cessation of activities by Tohoshinki, the group to which the 3 members of JYJ previously belonged, were reflected on the Oricon Rankings (Exhibit 13, 14). A significant number of the consumers, fans of JYJ, had as one of motivations for purchase the wish that by purchasing the product and putting it on the Oricon Rankings many people will recognize JYJ who is ceased in activities. In this way also, we believe that to exclude the products from the Oricon Rankings and to fail to notify to the consumer of the fact before the products’ releases constitute extremely unfair transaction practices. Additionally, we include a Demand Letter and the current total of the Petition that are being submitted to Avex on this matter (10458 signatures as of today, May 22, 2011) (Exhibit 15). We ask that the Fair Trade Commission understand the urgent voice of the many consumers included in this Petition and accordingly administer strictly fair investigation and measures.

Source: JYJ Their Rooms

Translation Credit: JYJ3

Written by one_nee

May 25, 2011 at 3:59 am

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