This article doesn’t reflect the opinion of JYJ3 Team, only the author.
Toshiro Ono is a freelance nonfiction writer who writes mostly about the mafia and crime. He reported several times about the Trial between AVEX and Cjes. Below is a translation of his blog entry:
11. About Tohoshinki and JYJ
I was shocked when I read the following agreement for the first time. How to interpet it. I still don’t know.
“Avex Management,(hereinafter called Party A) and C-JeS entertainment (referred to as Party B), artists belonging to B: Real name: KIM JAEJUNG, Real Name: KIM JUNSU, Real Name: PARK YOUCHEON (referred to as Artists), whose sound or visual recordings activities, creative activities and entertainment activities, etc with regard to copyrighted material, agreed as follows: you shall be entered into an exclusive contract (hereinafter referred to as the Agreement).”
Article 29 (Notices – 2)
By any chance, group members of Tohoshinki [Real Name: SHIM CHANGMIN, Real Name: CHUN YOUNHO], ends contractual relationship (including release) with SM Entertainment Co Ltd and its affiliates, in a case that they no longer belong to a talent agency, modeling agency, or recording companies, if you wish to contract with the said two people, Party A, in consultation with Party B and its Artists, shall be entered into an exclusive contract negotiation and talks for the 2 people concerned. In addition, even if the 2 people became artists of Party B, if Party A wishes to contract for 2 people and Party B, separate consultation is better, you shall negotiate a separate written contract.
It could take a little time to understand the contents of this agreement. I think I would like to think slowly.
Before discussing the main issue, I want to write my own thoughts.
Think and examine the Tohoshinki situation many times.
I have to write something properly about Tohoshinki and JYJ.
And why it is necessarily in the first place.
They had literally rewritten the history books in Japan and Asian entertainment. Very significantly.
However, the “truths” and rumors flying around are uncertain. It resulted to chaos actually. Examining this is on-going situation is very difficult in a lot of ways. Maybe now is not the right time to make an article about it.
Anyway, I watched their videos again and again. Both static and dynamic movements created 5 people as THSK. The expressive power, overwhelming feeling, there was no other way to describe except it’s terrific. If you see their live performances, you will shiver.
Currently, 5-member THSK separated, with JYJ belonging to C-Jes entertainment, and they first entered an exclusive agreement with Avex but is now battling it out in court.
According to the latest court document submitted to Tokyo District Court last June 16, 2012, C-jes representative Baek Chanju made an affidavit statement about meeting JYJ, as follows:
“I came to do the management of JYJ since my brother and Kim Junsu’s brother were roommates at the university. JYJ, who left SM entertainment (referred as SM), had consulted me after there was an opportunity to do their own entertainment activities. Thereafter, the injuction was filed against SM, I now decided to help in the entertainment activities of JYJ.”
In addition, the following are written statements of Baek Chanju:
“Our (Note: c-jes entertainment), on Feb 26, 2010 has signed an exclusive contract with Avex concerning JYJ’s activities in Japan. Originally, the 3 members of JYJ belong to the 5-member group THSK. THSK, who belongs to SM which is Korea’s leading talent agency, had an exclusive contract between Avex and SM.”
“However, in 2009, as the long term exclusive contract between SM and JYJ should be invalid, we decided to apply for temporary injuction to stop the effect of an exclusive contract with SM, JYJ acknowledged some of the allegations of provisional disposition when the decision came out. Then, we have been carrying out business as an agent for JYJ, Avex from before is against the company, has been urged to end an exclusive contract. At this point, Avex, by the decision of provisional disposition to suspend the effect of the exclusive contract between SM and JYJ, by connecting an exclusive contract with the company, choose to do the management of JYJ in Japan.”
“As the company, if JYJ is to work in Japan under Avex management, we predicted of course that an interference of SM can put pressure on Avex, we asked avex to ensure the continuity of JYJ entertainment activities in Japan without yielding to SM’s interference.”
“Avex accepted this request, in Article 15 of the exclusive contract, without receiving any restraint or opposition from any third party,SM entertainment and its affiliates, to ensure “freedom and capability of effective implementation of this agreement will be noted, in addition, in the same article, it has been duly marked that Avex, in Japan, will do the necessary measures to prevent any act (like SM entertainment and its affiliates), to interfere with the artists’ activities.”
Agreement in the same way as I mentioned, for those not interested in the THSK situation, this statement is from a person named Baek Chanju, what that means, also, what is written in the first place, I don’t have any idea.
Disentangling this complex thread is not easy. How can I tell this better to more people? During this time, I had been worried.
“I will become sad”
These are the words muttered casually by fans. But little by little, as I come to understand the situation of THSK, it spreads to the corners of my mind and heart. Hearing the 5 singing voices of THSK will be more and more painful.
There is a discography of their introduction, development, turn, and conclusion. Vibrant, deep loss, frustration, confusion, chaos, recovery, and departure. Not only the goodness of man, some songs also speak of darkness and being helpless. Reaching high into the horizon that everyone has not reached, maturity was developed, and they had become separated.
However, some of the songs they are singing, there is a word that we still continue to hope. Let’s listen to “Bolero” for example.
“Let me hear the lovely, fleeting wings of the bolero playing. Soar high, you will discover a place that will hear your sadness”
and “Stand By You”
“Wondering where you are, and with who, what makes you laugh, what are you wearing. I am here, still here, I believe that the two of us will meet again”
and “Asu wa kurukara”
“When the rain falls, I’ll be the umbrella that covers you. When the wind blows, I’ll be the wall that shields you. And however deep the dark night is, tomorrow will surely come”
Their ballads, as more time passes by since the separation, will boost their value higher and higher.
THSK in the background of the situation, there is a quickening worldwide capital globalization and nationalism. As mentioned earlier, recording everything in this extremely complex and drastic situation can be quite a difficult task.
However, there are a lot of fans that have already noticed. This venture into Asia and into the world, that the five people are dynamic.
And more than anything else, in the tip of an era valiantly, gently, the 5 member THSK developed a deep, warm bond with each other because of incredible hardship and suffering.
Fans are also witnesses to this era.
I am ashamed of my ignorance with the THSK situation.
When I first heard their music, I seemed to erase my initial impression of them. I was overwhelmed by the power of their singing. Only a handful of men will tell the truth that they listen to their music, as some will be embarrassed to confess.
But I like THSK.
to be continued.