2010/04/03

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•Agencies And Celebrities Are Partners•,
Not A And B Watching over the Establishment
of a Standard Contract by the FTC

Contract problems between celebrities and agencies are not only a recent problem. Agencies put in a great deal of effort to raise a rookie and try to make the contract period as long as possible to stop the rookie from going to another agency once he or she becomes a successful star. Celebrities may suffer during their rookie days because of bad treatment and may worry about the long contract period becoming a hindrance to their futures.

Recently, some of the members of 'TVXQ' and one member of 'Super Junior' brought up problems regarding their contracts with their entertainment agency.

Aside from the content of the contract, this issue is garnering interest as it occurred within the 'idol culture' that is steadily spreading its influence in society, and to the country's top group that holds the largest number of fans.

Because there is a perception that celebrities are at a weaker position than agencies in our society, there was always sympathy geared towards the celebrities involved in such a case. Because it is a fact that celebrities are at a weaker position compared to the agencies that run like major corporations, the Fair Trade Commission (FTC) created a 'Standard Form of Exclusive Contracts for Celebrities' in July, 2009.

The Standard Exclusive Contract for Celebrities is a contract set forth by the FTC to 'protect the rights of celebrities as well as stop the use of unlawful clauses in the contracts'. Although the content differs slightly for actors and singers, the main content states that a contract cannot be longer than seven years and that celebrities should be given more freedom in their private lives.

In reality, it is the agency's choice to use this contract. There are no legal problems if they choose not to. However, an agency must use this standard contract in order to be recognized as an agency that uses fair contracts.

It became a trend amongst agencies to implement the Standard Form of Exclusive Contracts for Celebrities and by October, 2009, 20 agencies' and 198 celebrities' contracts were examined for unlawful clauses, and such clauses were either fixed or scrapped.

Not long ago, there was news that the nation's biggest entertainment agencies were getting together to create the 'KMP (Korean Music Power) Project'. Although this is a conglomeration for the sake of developing our country's music, one worries whether such an organization with such great power will bring negative effects on the relationship between a celebrity and his or her agency. Or could it bring more chances and opportunities to the celebrities of those entertainment agencies?

The characteristic of today's fan culture is that there is communication between the fan and the celebrity. Fans and celebrities walk hand in hand as they share the pains and the joys. Fans find hope in their celebrities and a stronger will to live. Therefore, although the problems between celebrities and agencies bring grief to both sides, it also deeply hurts the people who supported and cherished them.

If the efforts of the FTC could solve the problem of contracts between agencies and celebrities, it would be a great strength to all. However, if both sides acted as partners, not 'A' and 'B', no one would get hurt and both would be able to move forward, dreaming the same dream.


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