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Posted by Susan-Han Friday, June 2, 2023

Based on Baekhyun, Xiumin, & Chen's recent statement, netizens can't believe the underhanded method SM Entertainment used to lengthen its artists' contracts

AKP STAFF

Earlier on June 2 KST, EXO members Baekhyun, Xiumin, and Chen delivered a second statement regarding their ongoing legal dispute against SM Entertainment through their legal representative, Law Firm LIN.

The lengthy statement, comprised of 5 sections, addressed matters such as additional details on the disagreement over documents recording the artists' earnings and payments, the alleged "slave contract" violating existing regulations on exclusive contracts in the entertainment industry, as well as the wishes of the three EXO members to continue their group activities regardless of the outcome of the legal dispute. 

After coming across the full statement by Law Firm LIN, many K-netizens pointed to one particular section of the statement as "the most shocking". 

The section dealt with SM Entertainment's alleged method of coercing its artists to renew their exclusive contracts, allowing the agency to "exercise its authority and status to acquire unlawful business deals". According to Law Firm LIN:

"Clause 5, article 1 of the follow-up exclusive contract, which SM Entertainment presented to its artists with approximately 1 year still remaining in the currently active contract, states that 'This contract is effective for the next 5 years starting from [Year X]. However, during this time frame, should the artist fail to release the number of albums agreed to in clause 4, article 4 of this contract, than the contract will renew automatically until the album release requirements are met. There is no limit to how many times this automatic renewal can take effect.
Enforcing a contract that is determined by the number of album releases, without limitations to the time span of the contract, clearly falls under the category of a 'slave contract'. With approximately a year still left in the artists' contracts, SM Entertainment has attempted to tie down its artists through premature renewal deals which cannot be considered lawful. SM Entertainment made no payment offers for contracts extended through this method, either."

In summary, Baekhyun, Xiumin, and Chen's side is claiming that SM Entertainment exploited its authority and status as the side responsible for producing and distributing the albums of its artists, thereby turning a "specifc number of album releases" in a set time frame into a means for obtaining contract renewals.

Some netizens commented,

"I'm suspecting that instead 'delaying' their artists' comebacks for other reasons, they purposely delayed the release of some artists' comeback albums so they could get them to renew."
"So that's why there were no comebacks. Because SM wanted to extend the artists' contracts without paying them." 
"This is SM 3.0..??"
"Now I can't help but suspect that all other SM artists have similar contracts."
"Even after losing the lawsuit against JYJ, they figured out creative new ways to continue their 'slave contracts'."
"So if SM decides an artist is never going to release any more albums, then their contracts will automatically be renewed forever without any form of pay..."
"Anyone can tell that this is illegal. The company has the power and the resources to produce and distribute the albums of their artists, so the number of albums released in a certain time period is entirely outside of the artists' control."
"What a crazy company."
"Those SM employees are literally crooks."
"I knew SM was twisted but this is way more f***ed up than I imagined."
  1. EXO
  2. Baekhyun
  3. Chen
  4. Xiumin
  5. EXO-CBX
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booitsjwu
booitsjwu6,059 pts Friday, June 2, 2023 1
Friday, June 2, 2023

That is actually insane. The contract automatically renews if you don't release enough albums, but we also have complete control over when you get to release an album. I genuinely hope that the courts will rule such clauses illegal. If not, every agency is going to put that into their contracts to trap their artists, assuming they haven't already.

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ImExtremelyTired
ImExtremelyTired1,866 pts Friday, June 2, 2023 3
Friday, June 2, 2023

This is why we stopped getting Exo comebacks. Exo used to have at least 2 pr 3 comebacks per year or a year and a half including one regular album, then a repackage album and then a winter album sometimes. They didn’t give us a repackage album of Obsession and the anti fans blamed it on Chen’s marriage news when in fact they could have managed to put out a repackage album before that. (Only to speculate) but no wonder they handled the fake Chanyeol rumors so badly that he himself had to take legal action with his own money, they wanted to use that as an excuse to not release albums. That is messed up and they’re definitely doing it with red velvet slowly.

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