Wednesday, January 5, 2011

Complete translation of the contract (English)

Finally I'm done with translating rest of the contract. (That took a while...)

Click Here for the original contract in Korean

I didn't write the Korean-English version because it might have looked too busy, and the post count showed that most people just read the English version anyways.

The original Korean contract has the footnotes repeated on the last page, and I just deleted them. Footnotes are marked by "1), 2), 3), 4), 5)", and the footnotes were moved right below the marks and colored to distinguish it from current contract. The footnotes denotes sections of the contract that was amended and the colored sections shows the original contract and previous amendments. Article 9 & 10 (distribution of profits) may confuse some readers. The colored parts are from the original contract, and the tables right below them are the current one. I'll clarify it when I go over the contract.

I've made some changes to the words and rearranged some sentence structures to improve readability, but the contents were not changed in any way.

Examples of changes:
Original contract uses '갑' & '을' ('A' and 'B') to refer to the respondent and the applicant respectively, and those are substituted with 'Artist' and 'Company.
Some English words have different meanings in Korea, and they are changed accordingly

So here it is.

Coming next: Detailed explanation of the contract



Exclusive Contract

Article 1 (Purpose of the Contract)
To effectively perform domestic and overseas entertainment activities of the applicant (hereinafter called the “Artist”), the domestic and foreign entertainment activities and promotions, appearances, making deals, and all legal actions will be handled by the respondent (hereinafter called the “Company”) or the management designated by the Company. The Artist cannot sign personal contracts or make promises, and will concentrate only on their activities and acting.

 Article 2 (Duration of the Contract)

① The Contract begins on the date the contract is signed by the Artist, and will be terminated 13 years after the Artist releases the first album. 1)

1) The original contract had a 10-year duration, and it was extended to 13 years in the first contract amendment.

② In the event the Artist is unable to fulfill its obligations due to the Artist's personal reasons, the duration of the contract is automatically is extended for the same length of time.

Article 3 (Transfer of rights)

① The Company retains the rights to the Artist's TV appearances, domestic and foreign activities.

② The Artist must perform activities decided upon by the company diligently during the contract period, and cannot perform activities on its own. If this is violated, the clauses on Article 11 clauses ①, ②, and ③ will be in effect.

③ The Company retains all the rights to the Artist’s entertainment activities and appearances.

④ The ownership of the albums and recorded songs (including unreleased songs) belongs to the company.

After the duration of the contract is over, the profit will be distributed according to the distribution rates agreed in this contract.

- 15 -


⑤ The Artist transfers the rights to copy, distribute, broadcast, concerts, karaoke, compilation, remake and other rights of the lyrics, compositions and arrangements created under the contract to the Company.

⑥ The songs recorded and created during the contract period can be used by the Company in any form(LP, MC, CD, CD-FMV, CD-I, CD-V, CD-G, LD, VIDEO, Compilation Albums, Best of Albums, advertisements, movies, photos, VIDEO recordings, MP3, miscellaneous music files, all media with audio are transferred to be rearranged and reused in any form).

⑦ The Artist needs to get the Company's consent before allowing a 3rd party to use the lyrics, compositions, and arrangements created by the Artist.

⑧ The Artist's manager is assigned by the company, and all the schedules will be managed by him/her and the Artist needs to work diligently.

⑨ The company can use the lyrics, songs, and arrangements created by the Artist on other albums produced by the Company other than the Artist's own album.

⑩ The company can transfer all or parts of the contract to another company 2), except when the Artist disagrees to it in advance.

2) The exception was added in the 4th contract amendment

Article 4 (Delegation of the Agreements)

On the following domestic and foreign matters, the Company:
manages and makes decisions

can delegate all the rights that pertains to this contract
can transfer management rights to another company.

1. 1. TV appearances and scheduling agreements (including the internet)

2. 2. Contracts for concerts and events (Domestic and foreign)

3. 3. Contracts for movies and commercials

4. 4. Artist's photos and name usage (publicity, trademark, copyright etc.)

- 16 -


5. 5. Contracts for lyrics, compositions, and arrangements

6. 6. Handling and managing rights of the legal issues

7. 7. All entertainment activities at home and abroad

-The Company owns the copyright and all the work created by the Company during the contract period.

Article 5 (Company's responsibilities)

① Give best effort on the management of the Artist's popularity

② The Company will notify the Artist's schedule of events promptly

Article 6 (Artist's responsibilities)

① The Artist cannot disclose the details of the contract and the Company's internal affairs to an outside agent.

② The Artist needs to make appearances on concerts, TV, and various events requested and scheduled by the Company or the manager.

③ In the event the broadcasting or concerts is disrupted because of the Artist's personal reasons, the Company or the manager needs to be notified in advance, and if the problem arises without any valid reason, the Artist needs to take the responsibility.

④ The Company assigns the Artist's manager who administers and manages all the events, and the Artist need to work diligently.

⑤ 6 months prior to the expiration of the contract, the Artist must release a new album (recorded) requested by the Company, and must participate in the promotional activities for 6 months or more.

⑥ The Artist must release two or more full albums every year when requested by the Company, and participate in the recording and activities related to it and work diligently. (The company decides the production period and the Artist follows accordingly.)

- 17 -


Article 7 (The Artist's rights)

The Artist can refuse the Company's request if the request is not part of the Artist's responsibility.

Article 8 (Promotion and production cost)

① Promotion is participated in mutual cooperation if possible.

② If the Company determines the promotional activities need to be halted during the promotion period, it can stop the activities, and the Artist will comply with the Company's decision.

③ For the Company's and Artist's album production, the Company is fully responsible for everything including the production cost, and will take the resulting gains or losses.

Article 9 (Distribution of profits - Albums) 3)

3) The original contract (Items amended are noted separately) was as follows. The distribution of the profit (categories, methods and rates) was modified in the 2nd and 5th amendments, and the modifications from the final(5th) amendment were retroactively applied starting from July 7,2008.

「Article 9 (the distribution of profits - Album)

① When the Artist releases an album as a singer, the Artist is paid 50million KRW when 500,000 copies not including returns are sold at the time the next album is released.

If over a million copies are sold, 100million KRW is paid(for singles, 25 million KRW for 500K, 50million KRW for over 1 million copies).

But if the Artist is a part of a team (group), then the above amount is divided equally according to the number of members.

The Company can increase the payment amount within 100% of above amount 5 years after the album is released. (In the 1st contract modification it was changed to: "With both sides' mutual consent, the amount can be increased within 4 times above amount after 10 years after the album is released.") 

② Clause ① only applies to the Artist's full album, and the profit generated from secondary compilations (Live album, best of album, omnibus album, miscellaneous compilation) belongs to the Company.

When the Artist's songs are released again by the Company as a compilation album, the profit goes to the Company. If songs not released previously are included in the compilation album, the Artist will get paid by multiplying the payment calculated according to the clause ① by the ratio of the song {profit from ① (100%) x number of new songs/total number of songs = Artist's profit}
③ The Artist is paid 10% of the net profit from online and wired/wireless internet (including MP3 and other digital audio files) and for the albums produced for foreign market. (If the Artist is a group, distribution is identical to clause ①)
④ The Artist always needs to make an appearance on the Internet programs produced by SM at the Company's request. Internet programs are considered a promotional activity for the Artist, and no appearance fees are paid. (→changed in the 4th contract amendment “The Artist must appear on the Internet program produced by SM at the company's request as long as there a valid reason not to, and the Company will pay the appearance fees except for the appearances for the promotion of the Artist's album etc.).
⑤ SM produced media productions have priority of appearance. The appearance fee of the SM produced shows are set to be comparable to the average fees of the air or cable broadcasting shows, and 50% is paid to the Artist.」

- 18 -



Distribution of Profits (Entertainer) For groups, divide the profits equally per number of members

Domestic Album & Packaged products (including Licensed Albums sold overseas)
This distributions only applies to regular Album & DVD
Secondary compilations (Live music, Best of albums, Omnibus Album, other compilations) are not included 
50001 to 100K
2% of Sales
 100K to 200K
3% of Sales
Over 200K
5% of Sales

Digital Wired/Wireless Downloads (Album, Songs)
For free downloads Online, only when there's income from advertisement
10% of Net Profit
On Line and wired/wireless Internet, Mp3, Digital files etc
10% of Net Profit 
Overseas Revenue
(Revenues in Japan produced via SM Japan)  
Performance Loyalty
(Albums made overseas) 
70% of Net Profit 
(Limited to the songs, lyrics, written by the Artists) 
70% of Net Profit 
Master Loyalty
*The whole amount of Master Loyalty is considered to be SM's revenue 
Not Applicable

- 19 -


 Article 10. (Distribution of Profits - TV, Events, Commercials, Copyright etc)4)

 4) The original contract(Items amended are noted separately) was as follows, and in the 2nd and 5th amendment, the distribution of profit was divided into more specific categories, and the rates were adjusted. The changes made in the 5th amendment was retroactively applied starting July 7, 2008.

「Article 10 (Distribution of profits - TV, Events, Commercials, Copyright, etc.)
① 40% of appearance fees from regular appearances need to be paid to the Company.
② Appearance fees as a guest or as a singer are used by the Company as the cost of promotion.
③ The Company gets 50% of the Net profit which is calculated by deducting operating costs from all the revenue generated by entertainment activities (except Article 9, clause ①, ② above).

If the Artist is a group(team), the Company gets 40% of the net profit, and each member's profit is as follows:

Duo - 30%, Trio - 20%, Quartet - 15%, Quintet - 12%, Sextet - 10%

(Examples of operating cost): Defined as all the expenses incurred by the personnel aiding the Artist and the manager. Specifically, all the expenses for the Artist's entertainment activities

- Transportation, lodging, meals, make-up and the salaries of the coordinator, dancers and stage staff
- Salaries of manager and road manager (The manager's salary is 800,000 KRW per month, and the road manager (when needed) is paid 600,000KRW per month, and their salaries are increased by 10% annually)

 - Living expenses (utilities, meals, housekeepers and miscellaneous fees) and training cost for the activities

 ④ The profit is distributed between the Artist and Company within 6 months of generating the profit.」

Distribution of Profits (Entertainer) For groups, divide the profits equally per number of members
Overseas Revenue
CF(Commercials), Events, & Miscellaneous Activities
70% of Net Profit
Up front payment and/or down payments from various contracts
10% of actual amount received by SM
Commercials (Guarantees, Appearances Fees included), TV, Radio, Cable, Satellite, Magazines, Concerts, Events etc.)
Regular appearances
65% of Net Profit
Promotional/temporary guest appearances
Used for cost of promotion
Revenues from Internet Business (Mobile & any revenues from Internet)
10% of Net Profit
Photo Books using actual pictures of the Singers(Digital/Online income is considered Internet Business Revenue) - Photo Books are limited only to the products planned and produced for sales of the actual photos.
60% of Net Profit
Character products & Licensed products utilizing Photos (except for the picture books mentioned above), Brand, Brand Name, Intellectual properties - Accessories, Clothes, Shoes, Stationary, Toys etc.
10% of Net Profit

Article 11 (Breach of contract and Compensation for damages)

① When the Artist violates the terms of this contract, the Artist need to pay for any damages, and when the Artist's action or the situation caused by the Artist impacts his/her entertainment activities, the Artist takes the full responsibility. The Company can stop the Artist's activities when it is determined the activities would be difficult to continue, and the Artist need to pay for the damages to the Company. (Paid compensation does not terminate the contract.)

② The Artist need to pay 3 times the total investment (promotional fees and other expenses paid or used in any form), and reimburse twice the amount of the potential lost profits for the remainder of the contract period. 5)

5) The original contract was as follows: "The Artist need to pay 3 times the total investment, and reimburse 3 times the potential lost profits for the remainder of the contract period, and 1 billion KRW", and it was modified during the 3rd contract amendment.

③ A mutual agreement must be reached between the Artist and the Company to terminate the contract, and the Artist must carry out clause ②.

- 20 -


Article 12 (Disputes and Miscellaneous responsibilities )  

In the event of a dispute caused by different interpretation of the contract or by clauses not specified in the contract, the dispute needs to be settled according to the relevant laws or regulations, and it needs to be resolved by a mutual agreement and trust between the Artist and Company.



    JYJ fans are trying to brainwash the international fandom some more. Can you shed some truth in this topic? What's happening with the fanclubs?

    Thank you so much for your translations.

  2. @ violinsquared

    Nothing new there. That site supported JYJ only anyways, and they're just coming out using TVXQ comeback as an excuse.

    The situation in Korea is not as bad as you may think. There are many new fanclubs popping up to support new TVXQ. Many people (even non-fans) already know what really went on, and that number is increasing. Once TVXQ starts airing on TV, I'm guessing the numbers will just explode (hopefully). Similar situation in Japan as well. I think Japan is actually in better situation because of what happened between JYJ & Avex, so I wouldn't worry too much about it.

    That fanclub was a small one anyways. As matter of fact, TVXQ fans in Korea prefers to see JYJ biased fanclubs to come out and just support JYJ. The fans were actually happy to get rid of that JYJ fanclub disguised as TVXQ fanclub.

    TVXQ just need to make new fans, that's all. The album is doing really well, so if the sales keeps up, it won't be that difficult.

  3. I just read all the contract, thanks for your translation.
    @ violinsquared : don't worry about the boycott cause what they can do is not buy the album once while fan can buy it twice or even three to support ... there're not much thing anti can do ^^

  4. @ kendalove

    Hope it helped. I kinda feel the pressure to post as many as possible with all this traffic.

    I agree with you on the boycott things. There are actually people who are not fans of TVXQ buying their album because some are getting sick of some antis.

  5. Precious.
    Gosh, I feel a bit silly asking this but I wanted to show others your link but I am scared for you. I know JYJ fans will rip you to shreds. Seriously, there are some crazy fans out there. I am sure you made your blog to let others know but you are prepared for the backlash? I wanted to get permission before spreading the word.

  6. Hey,

    I'm a new TVXQ fan. I knew about them and their songs for years but I consider myself new cause I'm just now getting into them emotionally you know, learning about them, developing biases etc. when before I had no bias, just loved the songs. I wish I can go back to that.

    Anyway, to find out they split had me like o_O. I would spend time on biased sites of both sides, and sites who claim neutrality, trying to piece together exactly what I missed that had to do with them breaking up.

    My favorites are Yunho and Junsu so I am torn. I wanted to know exactly why would 3 leave but two stay. The reasons for them leaving (human rights etc.) that should warranted all of the members departure, but it didn't. Yunho being the leader I HIGHLY doubt he would stick around knowing something's unjust.

    I'm glad I found your site. The facts, the actual documents that caused this rift in plain English (well Korean too lol) is what I needed. And a bonus was this "Rotation Crisis" thing I've never heard of. I wanted to see for my own eyes why did they leave and with this site it has showed me that it's more to them leaving than this contract cause so far on what I've read about distribution of sells and profit, the only reason I can come up with for leaving is they bit off more than you could chew. TVXQ are not the only one's working to make them succeed you have to pay all the other people too from CEO to the housekeeper and that takes a lot of money esp. if it's big production costs so that means they have to have a large profit difference to see some sort of earning. I wonder do they understand that? Maybe they didn't count at 17 that they will be doing this til they're 30? Maybe that didn't seem bad to them at 18 but now at 24-25 it's like >:( lol.

    I think HoMin did understand and that's why I RESPECT them for staying. Truly, they knew their parents and their signatures on that contract was their word. And they are dutiful to their word.

    Lastly what about touring? How is money from that distributed. Does it really go only to the artist only? There's production costs in that too I hear all the time American artist say they get NOTHING from album sells and their earnings is all in the tours.

    Lastly I also heard about the cosmetics thing.

    1. Does SM allow their artist to earn personal separate income outside of SM? I shouldn't say allow cause artist as people period have the right to earn any income at long as it's legal. Was the issue with this cosmetics thing about using the group name to promote it? and about it being unclean, how did they know it was unclean? Is this story even true?

    3. Do you think it was wise for HoMin to continue as TVXQ? I think it wasn't out of respect for the history of the group. But at the same time it was a smart business move I guess.

    Sorry for the length I'm just in a state of peace now that I know I found some site with some actual backing to it's claims. Can't wait for you to tell us more.

  7. you update fast! from what i understand of their contract, its good. its not really a slave contract.

    and really? a lot of people in korea are knows about the real situation already? thank god.

    anyway, thank you for your time and effort! :D

  8. Thank you a lot for translating all this contract. I really appreciate the effort you put in this.

    May I ask if you allow us international fans to re-translate this contract, and many other parts of your blog, to other languages?

  9. @ Nikki:
    Hi, i'm not precious but here what i think about the cosmetic issue

    I believe the cosmetic issue is one (big) reason why they chose to leave SM (It's not weird that 3/5 that invest in this business are also the one that leaves???). SM does allow their artist to invest and have their own business as long as it doesn't involve promotion or something like that (ex: one member of Cshj the grace has her own shopping online site...)--> i also think SM take a small profit of it (it's normal since she's artist under SM).
    About the cosmetic company, if it was a pure investment, there're no problem. Unfortunately, according to Avex and some japaness fans, the trio family tries to sales it during their arena tour. I also saw picture of their Creabeau store in Korea and i remember a fan comment this 1 or 2 days ago in soompii "it was a Jaejoong gallery rather than a cosmetic store". So you can see they're using JJ image/face/popularity to sale the product. The same goes to other 2 members as well. And i believe that violence contract terms. Of cause they can have their own business like Micky has his Gelato Ice cream, they also use Micky's image to decorate the shop but it wasn't a problem with SM so you can see they're actually open to that. But Crebeau involve not only 1 but 3 member/the majority of TVXQ.
    And also the trio claim that it was a pure investment and their invest wasn't that big but if you look at the picture from (i don't know what it calls, there was an event in China that all people that invest in Crebeau was there and there was a conference or something like that.), the trio was there, as investor. But they stood on stage and was present as TVXQ.

    Sorry for the bad english ^^

    1. i knw this is way late but the court ruled that the cosmetic business has nothin to do with the contract...nw lets see...the conclusion from above is this:
      If you look at the contract, it can be seen that SM holds almost no obligations. All there is for the agency to do is to take care of the group’s popularity and tell them of their activities. On the other hand, TVXQ must follow the orders of the manager SM gives them, and cannot personally make any promises or contracts regarding activities.They cannot talk about the internal affairs of SM. If a show or performance has a setback for no special reason, TVXQ must compensate. They must make two full albums every year and must release an album six months before the termination of their contract and perform all activities diligently. TVXQ must get permission from SM to give any of their compositions or arrangements to a third party. But SM is allowed to give any SM singer TVXQ’s compositions without the consent of TVXQ.

      Although the income division aspect has improved, they do not receive any money until at least 50K copies are sold. If they sell 50K~100K, the group receives 2% of sales, sell 100K~200K and receive 3%, sell over 200K and they receive 5% of total sales. The group must then split this income. If the appearance on a show is not regular, SM receives all the money for publicity. If the contract is terminated for any reason, TVXQ must pay compensation worth three times the investment money and twice the amount of their forecast income as well. This also applies when both sides have agreed to the termination or when SM is the cause of the termination.
      Yeah i would call this slave contract n sue coz sweeties money isnt everythin u need to live too...evry artist of sm looks hagard n are always jetsettin from one location to other...dnt wry i love homin as much as the next person but i love JYJ too n knw dat if i ws dem i wud have sued too!!

  10. @ Nikki

    What kendalove said. I'll cover the cosmetics company in detail with proofs, and you'll see what happened.

    The tour/concerts is part of activity, so it should be paid according to the contract. (70% of Net Profit).

    For 3, HoMin had no choice but to continue as TVXQ, and if you think about it, there was no other way.

  11. @ pumpkiepie

    Yes, you can translate the contents and spread them. That was the whole point of this blog anyways.

    Please note the original source.

  12. @ merissa

    Thanks for your concern, but I don't care about the backlash. I wouldn't have started this blog if I did. I know about some nutty fans too. I think they are in the minority though, some fanatic fans controlling the public opinion. Many JYJ fans just do not know the truth, and the bias is blinding them. Personally, I don't blame them since that's part of being a fan as long as they don't bash TVXQ.

    If the comments get out of hand, I can always disable commmenting or delete them, so no worries.

  13. Hi Precious,
    thanks for translating everything. I just discovered your page recently, and it really helps. It's so difficult to find an accurate and unbiased translation of things regarding the lawsuit, I usually rely on cross-referencing between the various translations to get the best out of them. You're awesome! :)

    I am curious though, do you still support JYJ after all this? I am not asking if you think they did the right or wrong thing, but if you still support them after your understanding of the case?? I hope this is not too personal! Thanks ^^

  14. @ yoonwhore

    It is kinda personal, but I'll answer it in politically correct way. :)

    I'm not a TVXQ fan, but I'm a TVXQ supporter. Hope this answers your question.

  15. Hi Precious,

    (gosh, i keep wanting to use my gollum voice whenever i write your name...heeeheee)
    Thanks for your reply. Ok. I will try to put your link out there. I hope it does some good. I hear it's gotten bad...only 6K sold 2nd day and some Kcassies returning their stuff after JS's twit. It's really making me mad. I am trying not to get overemotional about this but I can't help it. It's just soo unjust!!! Andways, thanks very much for all that you are doing.

  16. @ merissa

    LOL, I knew gollum thing was coming.

    I'm not worried about the so called KCassies. I guess they want to hang on to the Cassie moniker. It's kind of ironic since the name "Cassiopeia" was given by YunHo.

    I wouldn't worry about them returning the CD's. I highly doubt they bought anything anyways. They're just trying to influence public opinion making fans to think there's a huge boycott.

    As for the album sales, you need to wait a little it, because unlike online sales (1st day), retail purchase data has some delay before the update.

    In several hours, TVXQ will be on stage, and their comeback will air on TV which I'm sure is going to boost the sales.

  17. you are soo lucky to be able to see it live! i have to wait until someone posts it online!!! D: sux to be here. can't wait. i hope your prediction is correct about the album sales.

    sorry about the gollum line. lol that trilogy was soo great. i love the lord of the rings.

    bye ppprrrreeeccciiiouusss... ok. i'll stop now.

  18. @ merissa

    LOL, actually I'm in US, so I cannot watch it live either.
    I loved LOR too, so no worries. I liked Gollum character.

  19. oh. i thought you had korean cable channel. i'm sure someone will post it somewhere. *goes back to drool over why mv* ^^

  20. Thank you Precious again for the translations. I always appreciate your time that you put into this and nice explanations. I agree with your analysis, I hope more people can read this and wake up.

    I have a few questions, do you think homin are very upset with what JYJ did? that's why they don't keep contact with them? And does the lyrics of the songs from TVXQ new album have some indirect meaning towards this situation between SM and JYJ? Also, how would you interpret "Keep your head down" in your language? because this phrase could have different meaning depends on where you from. Sorry I'm asking these questions, I am just very curious.

  21. @ kendalove

    THIS. What you wrote. Yes, and I agree. Thank you for articulating that all so well. ^^

    To Precious!

    Just got through reading your translation and interpretation of the contract. Thank you so much for taking the time to translate, analyze, and then spell out in layman's terms the contract/other lawsuit related issues and documents.

    This was all very interesting and quite eye-opening. I've always been pretty dubious about the validity of the "translations" of the contract that I came across on fansites, mostly because they were always incomplete and highly generalized, and often just plain sloppy translations. And usually pretty emotionally charged as well. Not to mention the atrocious simplified math. Apparently the extent of most so-called "Cassies'" mathematical abilities really do sum up to the brilliant and somehow parallel equations of "3+2=5" and "5-3=0". Ugh. Sorry I'm just venting now. =/

    But yeah, it always seemed obvious to me that anyone with common sense and perhaps a little bit of real-world experience would know that the language of legal documents is precise, and dry, and that actual contracts have clauses that are dependent on or effect other clauses in the contract, and that it is never accurate or acceptable to lift one part of the document and take it as a representation of the whole. And then you'd think that more people would realize that obviously what was being stated as "fact" on fansites was just simply Not. But.


    At any rate, I'm really loving your blog, keep up the good work, and I look forward to your future posts! Especially eager to read your update on the actual lawsuits since it's been pretty much impossible to get any credible info on them and/or the actual court proceedings. FTC discussion also.

    Oh, and also - did Yunho really designate the name Cassiopeia? I did not know of this. I'm not doubting you, just very curious - where/when was this stated?

    Thank you again for all your hard work!

  22. @ sinful09
    I am not qualified to answer about the lyrics because I didn't write it. Seriously though, most of the lyrics are vague anyways, so the interpretation is up the the listener. Only the person who wrote would know the meaning. Try the lyrics to 'Survivor' by Destiny's child and apply it to TVXQ & JYJ's situation and see how that works out. Most love songs would pretty much work well for this situation. LOL

    If I translated the phrase KYHD in Korean, I'd use what the phrase actually mean, and say "Lie low" or "Do not get noticed" something in that effect. If I translated directly, it will simply say "move your head lower and stay there". LOL

  23. @ biathanatos

    I guess being a hardcore fan and being reasonable does not mix for some people. 5-3=2 as far as I know. LOL

    As for the Cassiopeia, I can't be 100% sure, but that's what I've heard from other fans. I cannot provide any link to an official site to prove it. LOLOLOL

  24. @ biathanatos

    Just checked a JYJ forum, and even they say the name is from YunHo, so it must be true. LOL.

  25. Hi Precious,
    thank you for your "politically correct" reply, I hope it reflects your true sentiments! :) I wonder if you could update us about the situation in Korea with the fans as well? It all seems crazy to us international fans, but from what I read from your replies, it seems like we're only exposed to what the minority are doing. Hmm, if it's too much to ask for, then don't worry about my request. (On 2nd thoughts, maybe it's better if you don't clarify how things are, eh? Lest they be manipulated and used by antis. I shudder to think about that.)

  26. @ yoonwhore

    Well, because of JYJ's twits & interviews, many non-TVXQ fans, including non music fans are starting to turn against JYJ (somehow they always shoot themselves in the foot), but JYJ fans still have numbers and they are fanatical (I'm generalizing here), so I won't say it's minority. Everything will change slowly, so you can't expect things to turn around in short time.

  27. @Precious @ biathanatos The name Cassiopea was given by Changmin,google it!

  28. Thanks for all your hardwork in translating this Precious! I always thought it was suspicious that only 3/5 of the members filed for a contract repealing and it's nice to see that someone has posted a site that explains/translates both the articles and the subject matter without the ridiculous about of JYJ biased spin or general media spin. :/ It's also interesting to note how many other SM artists are standing up and telling antis to back off.

    Your translated information has really helped basically confirm my gut feelings. Can't wait to read about the cosmetics issue!

  29. Thank you so much for your translation. Now I get better understanding entertainment industry contracts. It really helps a lot. I am amazed actually the artist receive alot from overseas revenue (70%), since they really active in Japan, I guess they should earn alot.

    Sorry if I miss something, since I'm not a really good reader. I'd like to ask..Does this contract also has covered profit distribution from Avex ? Or they also get other profit from Avex ?

    What really saddened me rite now, JYJ extreme fans really throw the blames for Homin. They already closed their mind for understanding. I read in Soompi, antifans attack them. It really upsets me. And many JYJ fans hide themself as Cassies. Dont they realized they have to accept the fact tht TVXQ is Yunho and Changmin. Really... This makes me upset.

    Anyway... sorry for my rant.

  30. @ ayoepan

    Yeah, I think the profit distribution part has nothing to complain about, and actually it's really good.

    As for deals with Avex, there's not much details about it, so I cannot comment on that. I'm sure there are other details that public do not have access to. The only reason this contract became available to the public was because of the lawsuit.

    As for extreme JYJ fans, oh well, what can you do? Those fans are making it seem like there are far more JYJ fans than TVXQ fans, but time will solve everything, so I hope you don't get hurt too much emotionally. :)

  31. SO Like, I kinda skimmed through the translations of the contract since its really late and my head is pounddding. ahha.

    BUt I keep hearing stuff like.. JYJ are the bad guys and there greedy and its for money.. WHat is your honest opinion on that?
    I love all 5 of them... and I wont say stuff Like "I wish they were 5 again" Because I dont mind if there apart.. as long as there happy and doing what they want to do..

    This whole thing has just got me so irritated that I am trying to push myself away from it.

  32. @ markieyumeutau

    I think CJS are in the wrong, and I am going to post the reasons why.

  33. ok how the hell are JYJ fans FAKE TVXQ fans? has the homin fans completely turned their backs on JYJ? that's just not right. personally, i'm a big fan of BOTH, because i was, am, and always will be a TRUE CASSIE. therefore, i'm giving my opinion from a completely unbiased point of view.

    just because this contract is worded formally, it does not mean that this is a fair and legitimate contract. not only me, but the fair trades commission, along with the korean court, DEEMED THIS AS A SLAVE CONTRACT. go ahead. disagree with the korean government as you wish. you see two 70% and you think "OH MY GOSH, THIS IS FAIR AFTER ALL!!" but look. the OVERSEAS sales are boosted that high on purpose so that the company can tempt the artists to work their asses off so they can be the first korean company to be successful overseas; at the same time, the 70% profit doesn't amount to much in comparison the work they put in during promotions, and it's only after their first few years in korea, where they've worked their way to the top with their 5% income that they earn the "PRIVILEGE" to go work overseas.
    and in case you didn't know, it is really hard even to sell over 100k albums, because it is a REALLY BIG NUMBER (ok, little kids?). after those years of slaving as a trainee, having absolutely no freedom, starving, beaten, forced plastic surgery, and etc, all they can expect is a couple thousand for the whole group to split apart, even if that is possible. people, these guys have to make not only a living, but a celebrity living. in the high realm of celebs, expensive clothing and nice cars are a must, since you're always hounded by the media. where does that money come from? EXACTLY.
    take this contract and give it to any american court, and you will understand why JYJ sued SM.

    and on a side note, are you really going to believe that the SM artists voiced out on Junsu's actions because they really felt that way? or was it because they were offered a raise in private? or maybe it was the other way around, where if they voice out their agreement with junsu that they get a punishment? seriously guys. give me a break and see it from a less narrow and naive point of view. you guys make me sad.

  34. @ Jennifer Zhang

    You don't make much sense, and all your arguments are based on your speculation. I explained about the album sales, but you obviously didn't read my post.

    Also, you don't seem to have any clue exactly how much TVXQ got paid writing such nonsense like TVXQ splitting thousands. Even a die-hard JYJ fans won't claim that.

    If you don't like my blog, or the readers' comments, there are many JYJ blogs and fan sites that will satisfy your need to be constantly fed JYJ love stories, so I suggest visiting those sites.

  35. YES i did read your post. you don't have to get all defensive about anything. in case you don't know how to do simple arithmetic, 50001 * $30 (approximately the amount for each album) / 100 * 2 = around $30,000. A COUPLE THOUSAND AFTER RECORDING FOR HALF A YEAR OR SO - IF YOU EVEN GET THE CHANCE TO SELL THAT MUCH. WHAT DO YOU GET WHEN YOU DIVIDE 30k DOLLARS BY 5?? YOU GET $6K. what does that average to on the basis of $/day? $33. that would be under minimum wage in the US if you work 5 hours a day. when idols faint on stage or get sent to the hospitals due to OVERWORKING AND EXHAUSTION, you KNOW they're working more than 5 hours a day.

    yes, they do get paid for appearances on CF's and etc, but have you ever considered they amount they're paid in the first place? and what's to say SM didn't hold out on payment? they have the ability to manipulate their artists in a number of ways.

    by the way, my so called "speculations" came from the mouths of people who were offered SM contracts but didn't sign, or people who left SM. and yes i know them. i auditioned for SM once. i love all their artists, and i pity them very much. please tear down your wall of denial and absorb in some reality before you act in a way that might influence other people to have a false sense of security towards entertainment companies like these. good day to you.

  36. by the way, if you want me to get a copy of an american agency's contract and stick it to your face so you can FINALLY make a comparison, I WILL GET YOU ONE.

    i agree with you on one thing though:

    THE TRUTH WILL REVEAL ITSELF ONE DAY. let's just wait and see.

  37. @ Jennifer Zhang

    I don't even think you understand the economics part of this business. Do you seriously think you can make any money selling 50K albums? If you were an US artist, you'd lose money. Go read my post again. Besides, your 'arithmetic' is wrong. You don't get any money for the first 50K sales, but I guess you were trying to make the contract look better.

    You can claim whatever, I'm not gonna argue whether you know people or not since it can't be proven either way.

    You obviously don't even have a clue how US agency and Korean Entertainment company work, so believe whatever you want to believe.

  38. (Jennifer Zhang)
    instead of telling me what i can and cannot do, prove to me that they don't earn money selling 50001 albums.
    i double checked and my arithmetic is right. i am not trying to make the contract look better... why the hell would i try to do that in the first place anyways?

    by the way, i actually took the time to search up an article for you regarding the rights entitled to any human being and the their relationship to SM's contract made by an unbiased law student. PLEASE READ THIS before making anymore brainless and baseless commentary.’s-contract-under-sm-from-the-perspective-of-international-human-rights-labour-and-intellectual-property-law/#comment-611

    until you read this article in its full-fletched and detailed self, stop arguing me. you are just sounding more and more pathetic.

  39. if you're going to counteract me by saying that this writer is not a korean law student, let me tell you this. his knowledge of law in an international perspective is actually more unbiased and fair, since, after all, those are rights that any person from the world is entitled to. if, by any chance, korean law opposes to it, then that would automatically put korea in the wrong.

    this especially applies in the eyes of me as an american. i would also assume that because you use blogspot and your english is coherent, that you have had a lot of american/english/non-korean influence.

    of course, ultimately this depends on korean law to dictate who wins the case and who doesn't, but because the court has already ruled in JYJ's favor last time, and with SM continually throwing out gimmicks and trying to postpone the court case, all of us (at least those who actually have common sense) know who is in the right.

  40. @ jennifer

    I already read that article a while ago, thank you.

    There are many incorrect info in that article. If you read my post about the contract, you should be able to pick them out. One example: He uses wrong figures for the album sales. It's you who actually have the correct figures, even though you don't know how to apply them correctly. I'll let you figure out what's wrong with your calculation.

    The author also applies many international laws and rights to the contract, but those rights are standard rights, and it could be transferred under consent, and signing the contract is exactly that.

    Besides all that, I don't even know what you are arguing about actually. I think you are trying to say the contract is unfair, but can you at least point out where any of my interpretations of the contract is wrong? Most of your comments are just ranting and speculation. Show me where I was wrong instead, then I'll explain it or correct it if it's wrong. And please just get to the point and cut all the rants.

  41. at first my comment was no directed to your article. it was directed to the ignorant comments for this article that said things like "JYJ fans are not true DBSK fans" if you go back and read again? i NEVER challenged the legitimacy of your translation.

    with that said, let me tell you what kind of things make this contract a slave contract. if you happen to offer this contract to anyone in america, it would immediately be taken to court. it completely throws the bill of rights out the window. even the freedom of speech is disregarded (not allowed to speak of what happens inside the company) what they have to hide is beyond me (unless they're shameful things, of course) they're an entertainment company. there's no secret sauce in the artists' performances.

    next, let me break down my calculation in a more exact, still correct way for you:
    i took 50001 albums because that SHOULD be the most common number, since all artists start out small.

    so, 50001 albums
    around $30 per album
    1 album per half-year, IF SM SHOWERS THEM WITH THE ATTENTION
    %2 total album revenue to singers
    5 people
    7.25 minimum wage

    50001 * 30 = 1500030 total revenue * 2 / 100 = 30000.6 for the singers / 5 = $6000.12 per singer / 365 * 2 = $32.88 per day if the album is made in half a year.
    32.88/7.25 = 4.534 hours a day, if they're working at minimum wage.
    however, jaejoong says they get less than 4 hours of sleep a day.

    understand now?

    the biggest controversy surrounding the case is that JYJ signed the contracts. however, a human being's natural rights can never be taken from him, hence the name "natural rights". this contract clearly took away the rights of speech and free will (refer to the section of Artist's responsibilities), along with some others. that alone will be enough to deem this contract as invalid.

    but since you're stubborn, i'll go further with my argument. you might think DBSK's salaries are higher than those of some normal to impoverished citizens. why don't we compare them to people of their own status then?

    Lady Gaga : Annual: USD 133,600,000.00
    Monthly: USD 11,133,333.00
    Weekly: USD 2,672,000.00
    Daily: USD 534,400.00

    Madonna: Annual: USD 58,000,000.00
    Monthly: USD 4,833,333.00
    Weekly: USD 1,160,000.00
    Daily: USD 232,000.00

    Alicia Keys:
    Annual: USD 29,400,000.00
    Monthly: USD 2,450,000.00
    Weekly: USD 588,000.00
    Daily: USD 117,600.00

    Justin Beiber:
    Annual: USD 29,400,000.00
    Monthly: USD 2,450,000.00
    Weekly: USD 588,000.00
    Daily: USD 117,600.00

    they ARE comparable, because DBSK had the biggest registered fanbase in the world. you cannot possibly argue with me about that.

    i don't know how you wouldn't see what i'm arguing about. isn't it obvious? my argument is that SM is mistreating JYJ, along with other artists through their contracts. SM believes that because these poor people signed their names on a paper, all of their rights are now in SM's possession. this is also NOT made up, since their main stance in court is that JYJ agreed to sign the contracts themselves.

    now. although my comments are filled with speculations, most of them have solid proof. i hope you learned in english that speculation+evidence = valid argument.

  42. @ Jennifer Zhang

    Freedom of speech? LOL I guess you never signed a confidentiality agreement when you had a job. That's pretty much standard for any job in US.

    Since you never seem to figure out how to read the contract let me spell it out for you.

    0-50K: $0
    50001 to 100K: 2%.

    So if you sell 50001 albums, then you will only get 2% from 1 CD, not 50001 CDs. I hope it's clear to you now.

    Let me ask you a simple question. Do you even know how much TVXQ actually made throughout their career?

    Even US artists don't make any money from album sales. Again, read my post. It's explained in there, and I've provided a link in my post that explains about CD sales.

    You must think artists make most of their income from album sales, but you are wrong. You just don't understand the music industry. CD sales are for promotion, and the artists make money elsewhere (concerts, merchandise, commercials etc), and TVXQ gets 70% from other activities in Japan. If you truly know someone in the music industry, ask the person about it. You don't make money selling CDs unless you sell millions.

    Also, the artists you listed are solo artists who sold millions of albums. TVXQ's best selling album? Mirotic a bit over 500K. So you can't compare the artists you listed above with TVXQ, and you need to also consider that US market is much bigger and stronger than Asian market. If you need to compare TVXQ with someone else, you need to compare them with Japanese or Korean artists.

    BTW, your comments are full of speculation and ranting, one link to another post, and above list of other artists' income, and that's it. There's no other solid proof.

  43. 1. a confidentiality agreement would only refer to the information that a company does not want leaked in order to protect the company from being taken advantage of by third parties. such information should not pertain to EVERYTHING that happens inside of SM. SM is taking advantage of the this agreement so that what they do won't be seen or heard by the public. in SM's case, ① The Artist cannot disclose the details of the contract and the Company's internal affairs to an outside agent. INTERNAL AFFAIRS period are not allowed to be spoken of. when you don't have the chance to voice out about what goes on in there, and even if you want to leave you have to pay three times the compensation, you have no choice but to stay and "work diligently", no matter how poor the conditions were. i thought that would've been obvious to you.

    i think it is you that have mistaken. here's a general idea of their CAREER INCOME
    quoted from DBSKnights:
    "With the court agreeing on the injunction sent by the 3 members of TVXQ, the trio had the power to look at SM Entertainment’s contract for the members. It was shockingly unfair and against public policy. The three members who stood up for themselves (Kim Junsu, Kim Jaejoong, and Park Yoochun) have the court on their side and are now proceeding with their main lawsuit, which is to get the shares and income that they deserve from their activities in the past 6 years.

    Below is what the court has presented as the content of the members’ contracts. The contract has been modified 5 times since their debut, so this is the overall review.

    1. TVXQ has received $0 from their album sales till July 2008, and a very small amount after.

    Before the fifth modification that the company made with their contract, it stated that the profit from albums and singles with sales less than 500,000 copies would go 100% to SM Entertainment, which left the members with nothing. There has been no Korean album that have exceeded 500,000 album sales between the time of TVXQ’s debut and their 4th album Mirotic, which was the first album in Korea to sell over 500,000 albums for a long time.

    On July 1 2008, the company changed the contract so each member would get 1% from album sales that exceeded 200,000 copies. For albums that are below that number, they are paid 0.6% to nothing. Through these terms, TVXQ has not earned a single cent since February 2009.

    2. TVXQ has received $0 from sales of concert DVD’s and albums with recordings from concerts.

    The contract stated that the members are not entitled to get any profit from concert DVD’s and “live” albums.

  44. 3. TVXQ received $0 from their appearances in TV programs.

    In the contract, the members do not have a right to receive the shares made from appearances on television programs if they are featured in only one episode or if their appearance is temporary. SM has kept all the profit from TV shows where TVXQ were guests.

    4. For other ways of getting profit, SM subtracts the total amount with all the expenses that the company has paid for them, including clothing, salary of company staff, stage preparation, rent, food expenses, and etc., which only leaves a fraction for the members of TVXQ.

    As for all other sources of income, the contract says that the members do not get the full “net income”, but only get a percentage of it. The contract states that the “net income” is the profit remaining after deducting their operating costs, which is the money that the company spends on them. The operating costs include expenses that are to be covered by the employer, such as salaries of the staff (manager, clothing coordinators, makeup artists, dance coordinators, back dancers, etc.), performance stages, living expenses which include water and electricity bills, travel expenses which include plane tickets, and meal expenses. The company might add something in addition to deduct more from the net income.

    In conclusion, TVXQ actually received anywhere from 1% to 5% from all of their activities, which depending on how you look at it can still add up to 7 figures or more but still many consider this to be unfair."

    is this proof enough for you? i don't think the court would lie about this.
    another question - which version of the contract did you translate? the original one or the one after 5 modifications?

    is there solid proof that the one you translated is the one you believe you translated?

    when TVXQ have broken records set by elton john and beatles, i can very much compare them to american artists. besides, even with the five combined, the net income is still far below that of any decently popular american artist.

    AGAIN, if SM is in the right, WHY ARE THEY HOLDING THE LAWSUIT OUT SO LONG? they have able employees and money to pay for the best lawyers. the lawsuit is taking a heavy toll on the popularity and dignity on the company as well, and the longer it drags on, the more messy it will be.

    also, i don't need an unlimited amount of solid proof. i just need an ample amount to support the argument i'm making. but you've been making more speculations and accusations than i have been, so speak for yourself, please.

  45. by the way, i'm not coming back so you don't have to reply anymore. it's time to focus more on my schooling, and less on arguing with people like you. after all, march is when the next court case is. we'll see who's right when we see who wins.

  46. @ Jennifer Zhang

    No one asked you to come here. Again, you are just repeating what those JYJ sites are preaching. Everything you've listed was explained in my post, and some of them are flat out lies.

    Again, you didn't even read my posts. If you ever see this, you can come back and read them. :)

    I even said SM may lose the case, so I'm going to be right either way. Read my posts. :)

    Confidentiality agreement is just that, not revealing internal affairs. You are so focused on discrediting what SM is doing, you don't even realize the absurdity on your comments.

  47. @ Precious

    wow... those are a long ranting that I didn't bother fully reading after her first post XD... it does seem frustrated doesn't it? why do I have the feeling that if when JYJ win the lawsuit, she will come back here and said "See, I told you so"?

  48. Actually I honestly think JYJ will win the case,
    But I honestly can't imagine that happening,
    Coz I can already imagine what chaos there will be,
    but honestly I think there'll be chaos whichever side wins....

  49. It doesn't look too bad, but did you notice how it was subtly saying that the artist has got no say in anything at all?

  50. @ Nikki
    It wasn't subtle. Artist do not have much say in the decision. That's how it usually is when you get a job. Don't be confused Korean idol's contract who gets "hired" by the entertainment company with that of typical "Western" artists who do everything on their own before signing a record contract. They are structured differently, and their career path is different too. CJS chose the path of typical Korean idols and signed the contract.

  51. @ Nikki
    Also, notice that you are nitpicking the contract, but the lawsuit was filed because of the contract being a "slave" contract, and it is far from that. That was my point.

  52. @Precious

    Would you say that you had less of an opinion when you were say 17 than you do now? So would it be reasonable to say that at the point of them signing the contract, they would all be too happy to not have to make any decision at all? While today, they have more opinion and would like to be part of the creative process and decision making process?

    Also, I vaguely remember the judge ruled that the contract was indeed a "slave" contract and ruled in the favour of JYJ at the preliminary hearing. So while your nitpicking of the contract makes it look decent, how is that that the judge ruled otherwise? I'm genuinely curious to know.

  53. @ Nikki

    Yes, but that doesn't excuse breaking a contract they signed. Are you telling me it's ok to break a contract because they changed their mind?
    Besides, the contract was amended 5 times already, latest being February 2009. They filed the lawsuit 6 months after the amendment. There are many other things I haven't posted, so please be patient.

    The judge never ruled the contract unfair. He opined that it "may" be unfair, but there was never a ruling. That is another lie spread by anti-SM people. If the contract was already ruled unfair, then what is the lawsuit that's going on right now? Think about it. All these will be posted in the future.

  54. I am a new fan and Precious. thanks a bunchhhhhhhhhhhhh for truthfully translating everything.
    I feel sooooooo sad for HoMin and even sadder to JYJ [4 watever they've done], either side wins will make the other suffers for the rest of their life. But I hope the truth wins and HoMin get more respect from me, again, thanks to you ^^.
    Hope you will always keep us up with right info :)

  55. @ cutebabyboo
    You're welcome. The respect towards HoMin is one big reason I started this blog. :)

  56. i know this is old as hell but i thought id comment

    50 million won is about 50thousand dollars... divided by 5 means each member gets 10000 dollars an album back when they were a five member group... with a maximum payout of 20000 dollars per member and maximum bonus of 100% (before the contract changes). so per album each member stood to make a maximum of 40000 dollars... one album per year means they potentially each made the money of a school teacher from album sales. even mirotic didnt sell 1mill copies before the next album was released so the payout was much less.

    5% on album sales means each got 1% of total sales... mirotic so far has sold 900thousand copies assuming 12dollars an album, or 12 cents for tvxq (divided by 5 means 2,4 cents per member for each sale) each member made $21,000 for that album... added to the $10,000 they get becausd sales exceeded 500thousand but didnt reach 1mill by the time the next album dropped that means at their peak dbsk was making $31,000 - $41,000 for the year after mirotic hit and before secret code released.

    this is miniscule.

    now digital sales are 10% of net profits... but sm never releases digital sales revenue but includes them in total sales. btw 10% of net profits for a digital album is much less than pure sales share because it factors in marketing and agency costs as well... those two words mean a lot.

    the rest of the numbers are percentages of net profits, which is a significant sum before you calculate travel costs, bodyguards, stylists, makeup, promotion, and others. those words net profit mean alot. that means if they are paid 75000 dollars to appear on a show, after travel costs and marketing costs and all other costs are deducted they get 70% of whats left... and that number is then divided by 5.

    this contract is incredibly unfair. sm gets away with it bexause they sign this kids on when theyre still young and dont think to or cant afford a lawyer to read over the contract.

  57. I know it's kinda late to leave a comment. I came across this blog while finishing up my article. To be honest, it is easier to say "That's no big deal" when we are not the signatories. I'm not a fan of TVXQ nor am I of JYJ. I write articles about people and that is it. If the translation is accurate, then it is a "slave contract". Perhaps the word 'slave' is indeed too harsh but the content is a tad overboard.

    I'll try to shorten my comment since this is an outdated issue, plus I need to finish up my article :) But I feel accustomed to leaving my opinion behind. Just a few highlights:

    (1) 13 years is long
    (2) If you can't fulfill your obligations due to personal reasons, you are liable for another round of 13 years
    (3) Again, 13 years is long .. let alone double the length
    (4) To fulfill ALL activities assigned by the Company (min/max per mth, yr ??)
    (5) To release at least 2 albums in a year, plus the promo acts (don't think Taylor Swift even does that)
    (6) The words "work diligently" are all over the paper - but no comment, part of the culture I suppose.
    (7) Compilation albums - all profits go to the company (no loyalty fee to the artist, not even a dime)
    (8) No mention of leave entitlement / break period / insurance / notice period (perhaps there is, just not translated?)
    (9) No mention of compensation - when it happens the other way round - if the company fails to comply.
    (10) One line says: the artist can refuse the company's request if it is deemed out of context (not the artist's responsibility) - voila! case closed.
    (11) I have no further comment about the profit/loss division and the compensation. Let the accountants do that :)

    Having been in the entertainment industry myself, I know the mindset - between those who decide to rebel and leave, and those who decide to stay and carry on. The reasons from both sides are somewhat simple. So simple that it is sometimes unthinkable and inexplicable. We'll just leave it at that. Let both groups carry on with their success. I see both groups are doing well. Outsiders (fans/supporters/antis/manipulative business people/malicious peers) shouldn't mediate.

    Live our lives and do what we do best. Easier said than done, isn't it. Just like all this dispute was/is about. Anyway, dang it, I've written a long one .. gotta get back to my article. See you around, peeps!


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