BLOG 1 - Issue regarding Slave Contracts
credit : noanus
Over the years, there has been the case of unfair contracts received by artists. As many as 20 entertainment industries and about 230 artists in 19 companies were involved in this unfair treatment, which raise the discussion of the issue of human rights here.
Recently in the Korea music industry, there is a case of the Slave Contract (of more than 7 years, up to 13 years) that caused many disputes by the netizens. In my opinion and to many others, Tohoshinki (TVXQ) also known as Dong Bang Shin Ki (DBSK) is the victim here as it's company (SM Entertainment) has issued several slave contracts of excessively binding contracts to its artists.
The theory of 'pragmatic perspective' then comes into place here where the parties involved become interdependent as their payoffs depend on one another. Rookies that enter a company (in this case, a Korea company) will try to have less problems with their companies else they will have difficulty surviving in the entertainment industry. Also, the application of the linear model can be seen clearly here as the rookies being the receivers are passive targets of message. They have no say in the contracts. Similarly, the company depends on the artists they are grooming since their successes will bring in more money for it. However, as the artists get famous, they tend to fight for what they are supposed to receive as some companies tend to gain more profit than what they are supposed to get.
In my opinion, this problem here boils down to miscommunication between the SM entertainment and TVXQ. When TVXQ were rookies, they were clueless about the 13 year contract but to avoid having conflicts with SM entertainment, they gave no feedback. Hence, resulting to this current problem now.
Being able to communicate is a really wonderful thing in life. Communication allows people to seek opinions and advices, voice their thoughts, and seek justice. However, many a time, people choose to keep their thoughts and opinions to themselves. In the end, they will not only cause misunderstandings, but may also cause them themselves to be at a losing end. Therefore, clarification in the very beginning is very important to ensure that nothing along the way will be unfavourable to any parties involved and to prevent from creating an awkward situation.
All in all, communication is an art. Knowing how to communicate well such that all parties are not offended and for all to be in a favourable situation is simply not an easy thing to do.
posted by charlenetan at
10:17 AM
14 Comments:
It is really important to understand every clause in a contract to avoid future conflicts =)
But why would seeking clarification about the contract offend the company? Talents will be recognised eventually. If one company refuses to sign them unless they take on a particularly long and binding contract, another company would, inrecognition of their talents.
Perhaps it boils down to how decorum was applied.
I do agree with Seraphina that a thorough understanding of the contracts we sign is essential in avoiding future misunderstanding.
However, communication in business usually comes with years of experience, and it's something many of young emerging stars lack. Well, that and a artiste management company too.
Many firms out there tend to make use of young and more gullible talents who are overly-eager to succeed to make a profit. But ultimately, it is still the responsibility of both parties to come to an agreement that is satisfactory before closing the deal.
People tend to take things for granted when they start to get famous and when the business is doing very well.
Maybe this would be another one of such typical case. The company might have took DBSK for granted, squeezing from them every drop of milk from their talents.
having to have mutual agreement and understanding should have been stated and ensured from the beginning they were signed.
i guess, both parties have to play an active role in maintaining that.
WHOOHOO DBSK! Junsu! :X
Yea... Agree with Chris & Sarah's comments! Actually, this is very common among contracts for artistes. Company taking their own artistes for granted. In the first place, being signed to a 13 year bond is kinda too much. Did SM knew that DBSG were gonna make it big, and decided to sign a 13 yr contract so that they can "squeeze" them dry?
There was also a similar case with taiwanese boyband Energy, few years back on contract problems as well.. It was reported they were not getting the amount that they were supposed to.
Thus, it is very important that in the beginning, everything must be communicated across in a clear and proper manner to avoid any disputes few years down the road.
DBSG HWAITING! :P
I agree with Chris that there are some artiste management companies which are taking advantage of young and possibly more gullible newcomers. Due to the newcomers' lack of experience in the entertainment industry, some companies try to earn more commission and profits from them by stating unreasonable clauses in contracts. The young artistes might be afraid to lose the opportunity of getting into the entertainment circle, hence being "forced" and convinced to sign the contract despite it having clauses that they do not really agree to.
This is why there have been countless of cases where artistes complained of being mistreated because of contract issues. It is probably because when these artistes got more popular and known, they are less afraid to speak what is on their mind. One of whom was Taiwanese actor Jerry Yan (member of the famous boyband F4). Having complained of insufficent rest and unreasonably low pay for his work, he left his previous management company and set up his own. Hence i think it is important that when signing contracts, we should secure our own interests and rights no matter what to prevent possible problems in future.
I agree that communication is very important especially when it comes to contract issue.
We need to be very careful and be very clear of the terms and conditions.Individuals need to ensure that they can afford and ready to pay the price when the worse situation that might happened when they signed a contract.
One most valuable quality a person should have is not to be greedy and gullible.Ask details and fully understand all the conditions before making a significant signature on the contract.
Direct communication is very important in a contract.
Every clause of a contract should be read carefully before the artiste sign on with the company.
Company would make use of the fame the artiste hold to achieve more benefits for the company. Thus,it is important for any individuals to fully agree with the contract,to avoid misunderstandings and conflicts in the future.
Artists should have seeked legal consultations on the clauses stated in the contracts. Afterall, it concerns what their careers in the entertainment industry will bring them in future. Disadvantages will be noted and conveyed to these artists through the lawyer, hence it is a preventive measure of being taken advantage of.
hey!
Intersting post about slave contract! I thought it was very relevant to talk about how many of us do not use the freedom of communicationt to voice out any of our disagreements. I also feel that this is the root cause of many communication break downs. We pretty much assume that others can read our non verbal cues.
However, could it be because the artists did not take into full consideration the impact of 13 years of contract? Im definitely not in a position to jump to a conclusion since i hardly know about the situation.
Nevertheless, great post!
Nicole
Communication is indeed very important, especially so in the case of signing contract as it has legal implications. We should voice our opinions when in doubt or when there are disagreements, but whether or not it will be taken into consideration is the key point.
I agree some company is always trying to take advantage of the contract with the rookies.However, before those rookies sign the contract aren't thay suppose to check the detail before they sign?It is their responsibilty.They have to communicate with the company and lay down the conditions.There is so many controversy in there.For instance,as a rookie they would want to become a singer and sign the long term contract as maybe they fail to be famous, they still have a job and same salary.When they are famous,they request to share the profit with the company.
THey should communicate effectively.Just like,what will they gain if they help the company to earn profit. It should be stated black and white on the contract.
helloyou (:
I agree.Without communication,life would be so very dull.That and i think its not fair to mistreat artirts.It is very unethical to capitalise on one's talents without paying him/her his dues.We must respect one enough and pay him what he's worth.
totally agree with what you said. communication is very important as keeping quiet will not solve problems, sometime may make it even worse. also, i like your example. =]
chuwen, thanks for your comment. Communication is often the essence in solving the problem. As it is seen here, lawsuit is another way to solve problem; a higher level of formal communication.
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