SM pun merilis kontrak ekslusif terbaru antara mereka dan TVXQ. selebihnya kontrak ini hampir sama untuk penyanyi SM lain, bahkan lebih buruk kondisi nya. dengan TVXQ 13 tahun dan BoA 15 tahun, dalam kontrak tersebut, TVXQ harus membayar sendiri semua biaya pengeluaran spt biaya perjalanan, makeup, makanan, kru dance, dan manajer mereka.
SM sama sekali tidak punya kewajiban apapun untuk membantu biaya pengeluaran, yang SM lakukan hanya mememlihara ketenaran artis mereka.
walaupun pembagian pendapatan telah dipertinggi, mereka tetap tidak akan menerima uang apapun sampe penjualan album setidaknya 50 ribu buah.
– jika mereka menjual sebanyak 50 – 100 ribu, maka mereka akan mendapat 2% dari total penjualan.
- jika 100 – 200 ribu = 3% penjualan.
- dan jika terjual diatas 200 ribu maka mereka hanya mendapat 5 % dari total penjualan album.
Jika mereka tampil dalam sebuah acara diTV yang tidak permanen, maka duit nya akan diambil semua oleh SM. jika kontrak ini selesai dengan alasan apapun, maka TVXQ harus membayar 3 kali lipat untuk uang investasi yang dikeluarkan oleh SM. cek under the cut, isi kontrak ekslusif baru yang dikeluarkan SM, yang diatas udah sebagai ringkasan.
Source: [ejung.blog.seoul.co.kr/118+DNBN]
Translation credits: jeeelim5@tohosomnia.net
Shared by: tohosomnia.net
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gw tidak pernah menambahkan kredit KI ke setiap postingan yg gw buat, begitupula postingan ini, author dari tohosomnia nya mengatakan jangan sekali2 tidak memberikan kredit yang benar, klo ngga dia bakal buat kalian menderita.
sementara itu, 3 anggota TVXQ belum membuat keputusan yang harus mereka buat pada 12 November 2009 tentang pernyataan U Know dan Changmin, yg diperkirakan palsu oleh Cassiopeia.
Exclusive Contract Content
Clause 1 (Purpose)
For the effective celebrity activities of ‘B’ (TVXQ), all legal actions dealing with all activities, appearances and such will be dealt by ‘A’ (SM Entertainment) or the manager chosen by ‘A’. ‘B’ cannot make any personal promises or contracts regarding his activities and must only focus on what they have been given.
Clause 2 (Contract Period)
1. The contract period will begin at oooo. oo. oo(The latest contract signing date) and will end 13 years after the debut date of ‘B’ in the industry (album release, appearance as a supporting role in a movie or drama – movie: 20 scenes or more, drama: 12 scenes minimum per episode).
2. In the case that ‘B’ is unable to perform normal activities due to a personal reason, the contract period will be extended by that amount of time.
Clause 3 (Assignment of Rights)
1. ‘A’ has full rights for the maintenance of all of the TV appearances and activities performed by ‘B’.
2. During the contract period, ‘B’ must diligently perform all activities decided upon by ‘A’, ‘B’ is not allowed to perform any activities without the consent of ‘A’ during the contract period, and if this clause is violated, the appropriate consequences will be taken stated in Clause 11, subclauses 1, 2 and 3.
3. All TV appearances and authority of ‘B’ are held by ‘A’.
4. ‘A’ has the rights to all albums and recorded songs (including unreleased songs) that were created during the contract period. All income division after the contract period has terminated has already been determined by the exclusive contract.
5. ‘B’ must give ‘A’ all rights such as the right to reproduce goods, copyrights, the right to release albums, distribution rights, airing rights, performance rights, karaoke, right to create second hand goods regarding any compositions, arrangements or lyrics done by ‘B’.
6. ‘A’ is allowed to use the songs recorded and produced during the contract period in any form. (‘A’ is allowed to reedit and reuse any song in the form of L.P, M.C, CD, CD-FMV, DC-FMV, CD-I, CD-V, CD-G, L.D, VIEDO, limited edition albums, best albums, commercials, movies, picture, VIEDO filming, MP3, any music files.)
7. In order for ‘B’ to give a third party other than ‘A’ lyrics, compositions or arrangements, ‘B’ must get the permission of ‘A’ in advance.
8. The manager of ‘B’ must be chosen by ‘A’, and he must diligently work to maintaining the schedule of ‘B’.
9. ‘A’ is allowed to use any lyrics, compositions or arrangements that ‘B’ made in any album ‘A’ is creating other than the album of ‘B’.
10. ‘A’ is allowed to transfer and use all or a partial amount of the contract’s content in other businesses. But if ‘B’ says in advance that he is completely against this, this no longer applies.
Clause 4 (Contract Mandate)
What is under the maintenance of ‘A’ is listed here and this is applicable for all domestic and overseas activities, ‘A’ is allowed to transfer and use the rights of this contract, and can give the maintenance to another company.
1. Contracts for TV appearances and schedules (including the internet)
2. Contracts for domestic and overseas performances and events
3. Contracts for movies and commercials
4. Control of illegal use of pictures of ‘B’ (copyrights etc)
5. Contracts for use of lyrics, compositions and arrangements
6. Maintenance of any legal problems
7. All domestic and overseas activities
‘A’ will hold all ownership and copyrights for any goods created by ‘A’ during the contract period.
Clause 5 (The Responsibility of ‘A’)
1. Maintain the popularity of ‘B’.
2. Quickly report the schedule of ‘B’.
Clause 6 (The Responsibility of ‘B’)
1. ‘B’ is not allowed to reveal to the public of the contents of the contract or the internal affairs of ‘A’.
2. ‘B’ is responsible for adhering to all scheduled TV appearances or performances set by ‘A’ or the manager.
3. If a setback occurs during an appearance or a performance for a personal reason, ‘B’ is to tell ‘A’ or the manager in advance and if there was no special reason for such a setback, ‘B’ must take responsibility.
4. The manager of ‘B’ must be chosen by ‘A’, and he must diligently work to maintain the schedule of ‘B’.
5. Between the time of the contract’s termination and six months before said termination, ‘B’ must release one new album (recorded) that ‘A’ asks for, and perform activities for P.R. for said album (six months).
6. ‘B’ must, when ‘A’ wants, produce two full albums every year, and perform all recordings and activities accordingly, and work diligently in all areas. (‘A’ chooses the amount of time allotted for the creation of the album, and ‘B’ must follow accordingly.)
Clause 7 (The rights of ‘B’)
If ‘A’ asks for any demand that is not the duty of ‘B’, ‘B’ is allowed to refuse.
Clause 8 (P.R. and Production Fees)
1. P.R. will be done by both sides working together.
2. During the P.R. period, if ‘A’ feels there is a need to stop the P.R., ‘A’ is allowed to do so and if ‘B’ would like to stop activities, ‘A’ will make the final decision.
3. For the production of albums that is done by ‘A’ and ‘B’, all responsibility including production fees is incurred by ‘A’ and ‘A’ is entitled to all profits or losses.
Clause 9 (Profit Division-Album)
Clause 10 (Profit Division-TV Appearances, Events, Commercials, Rights)
Clause 11 (Compensation in the case of a violation)
1. In the case that ‘B’ violates any of the clauses in this contract, ‘B’ must compensate for the losses incurred, and any actions or situations that may affect the activities of ‘B’ will be held accountable by ‘B’. If ‘A’ feels that it will be hard for ‘B’ to continue on with his celebrity activities, ‘A’ has the right to stop the activities of ‘B’, and ‘B’ must compensate ‘A’ for the losses. (Compensation does not mean termination of the contract.)
2. ‘B’ must pay compensation that is worth three times the amount of investment (any money used for the purpose of ‘B’) and twice the predicted profit that would be gained in the years had the contract not been terminated.
3. Even if a termination of the contract is agreed upon by both ‘A’ and ‘B’, ‘B’ must still adhere to subclause 2.
Clause 12 (Disputes and other responsibilities)
If any misunderstandings occur due to a communication error in the contract, the problem is to be solved in a mutual agreement by ‘A’ and ‘B’ based on trust.
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