On October 23, 2022 video was released by Korea Broadcasting System/Seoul Broadcasting System of alleged abused and mistreatment of the 11 members of the group, Omega_X, by their agency, SPIRE Entertainment. Since the video release, the public (and Omega_X’ fans, known as For_X) have not heard from the members directly.
On Sunday, November 6, 2022, the 11 members of Omega_X released a statement of their own, on their newly-created Instagram account, Omega_X_For_X (link here: https://instagram.com/omega_x__for_x?igshid=YmMyMTA2M2Y= You can read the entire post in the original Korean language, along with provided translations on their Instagram account.
The public has had increasing concerns over the lack of communication from the members since the release of the videos alleging the abuse. For detailed information, please visit the petition to see our previous updates. It appears the members have previously been banned from using their social media accounts without express permission from their agency.
Based on my experience having been in the legal field for over 25 years, I am going to offer a breakdown of the communication from the members’ along with my questions regarding the statement. Please be advised that the following is my interpretation ONLY and is not to be confused with official statements by the members or SPIRE entertainment.
“Hello. We created this small communication space to convey the current situation regarding the issues that have happened to us and to thank the fans who love and support us. According to Spire Entertainment, we have all signed a memorandum stating that we will take civil and criminal responsibility if uploading to SNS without consulting the company. We ask for your understanding that although we wanted to communicate with the fans as soon as possible, we had to be very cautious.” This statement gives the impression that the members have been threatened with legal action if they upload to social networking sites (SNS such as FaceBook, Instagram, Twitter, etc.)
My question is this: In the event they were required to sign said “memorandum” (a statement documenting an agreement between parties), given the allegations of abuse which include a person (CEO) with power and authority over the members, using said power and authority to verbally and physically attack, harass, intimidate, and threaten the members; were the members under duress (under threat of some sort to sign a document against their will) and if so, would that memorandum be null and void?
According to the Korean Law Translation Center, a division of the Korean Legislation Research Institute, the Civil Act, Chapter V Juristic Acts, Section 2, Article 110 states: “A declaration of intention made by fraud or duress may be voidable.” This means that under Korean law, if the members WERE under duress when signing that memorandum, the agency would have no legal recourse against them.
“We have had happy times since our group activities but also had to endure some painful times. When our situation became known to the public, we were worried that what we had achieved so far would be in vain. But now we have put our fears behind us and decided to be brave.” My take on this portion of the statement: Were they worried that what they had achieved so far (debut under SPIRE Entertainment as “Omega_X” and the subsequent success they have reached) would be in vain (useless) because of threats by the agency to cancel their remaining contract terms and thus no longer able to create content as Omega_X? Would their content already published (YouTube videos, music videos, behind the scenes footage, television appearances, promotional films, etc.) owned by SPIRE Entertainment be removed from social networking sites? What do their contracts state with regards to ownership of the materials already created?
According to the Introduction of the Korean Copyright System a publication of the Korean Copyright Commission, the government ministry in charge of the formulation and enforcement of copyright policies in Korea is the Ministry of Culture, Sports, and Tourism (“MCST”) and a wide range of copyright protection has been in force since 1987. The original Copyright Act was composed in 1957 and has undergone amendments 22 times. The Copyright Act states that the author of a work for hire that is made by an employee shall be the ‘legal person’ (which could be a person, an organization, or other employer) unless otherwise stipulated in a contract. The author shall have the right to decide whether or not to make the work public. This is where, if you are working for a company and you create copyrighted materials, the “author” of said materials would be the company you work for. However please be aware that my experience is NOT related to the music industry and thus I am not familiar with copyright law regarding artist works, including music. My research into this area of Korean law shows that the copyright laws regarding artists and performances is an intricate dance between the “author”, the musician, the studio artists, the producers, and is highly based off the contracts between the parties. Without having access to the contracts of the members of Omega_X with their agency, and all the other parties involved in the making, producing, and distribution of their music and performances, it is difficult to determine what rights they may have.
“The eleven members have decided to get back up and not give up on our dreams and take this as our second opportunity. The driving force that allowed us to challenge ourselves and stick to our plans was the fans who waited, believed, and supported us. It was because of our fans that we were able to survive two years.
Although there were days when we wanted to cry because the agency was mistreating us, remembering our fans’ shouts and reading your messages before going to sleep was the only strength that kept us going.” This seems to be an acknowledgement by the members of the mistreatment they endured from SPIRE Entertainment. They specifically state “survive two years” which indicates that the mistreatment may have been going on far beyond what current allegations state. The official announcement from SPIRE Entertainment regarding the formation of Omega_X was made on March 1, 2021. The airing of their reality-based show, “Loading One More Chanx” first aired on April 24, 2021 on YouTube.
“From now on, we will continue moving forward toward our dreams as we always have. We will stand in front of our fans again with good music and performances. The eleven members have the same goal, and the fans have the same dreams as us, and it is something that is the most precious to us that we don’t want to lose again.
We apologize for the delay, and we know that many people have been worrying and waiting for us. Thank you for reading the truth that we took the courage to post. Thank you. From OX. #오메가엑스 #OMEGAX #PROTECTOMEGAX” The members want the public to know that although they have faced difficult times together, they intend to continue the pursuit of their dreams with For_X being at the forefront of their minds. It took them great courage to post their truth.
In summary, the members wanted the public and more specifically, For_X, to hear from them directly. They wanted to let us know that although they survived 2 years of mistreatment, it was For_X that helped them through it, and they want to continue to provide content for their fans while reaching for their dreams.
Any copyright arguments would take time to negotiate in the Korean courts along with a considerable amount of money for retaining (hiring) attorneys, experts, etc. Their contracts would have detailed information on the agreements between the members and the agency (along with other individuals/companies involved in the production) and the validity of said contracts would have to be determined by the judicial (court) system based upon current laws regarding duress.
The matters of allegations of mistreatment, abuse, duress, etc. are not easily solved with a simple review of the evidence presented so far. We do not know what type of debt the members have to SPIRE Entertainment for their training, housing, etc. and what amount of money, if any, they have received while under contract. Being that there are reports of some members having to reach out to their family for funds to pay for flights back to Korea from LA at the end of their tour in October, it may be safe to assume that some members may not have the funds available for a long-lasting legal battle to ascertain (find out for certain) their rights.
What the public, and For_X can do right now, is to continue to support the members while pushing forward with requests for independent investigations into the allegations of abuse and mistreatment. The retainment (hiring) of a legal firm to research the contract status, validity, and future of Omega_X is another matter and one that is not to be taken lightly. We do not know where the members stand on this issue and if it is one they would like to follow up on. Another aspect to consider is that in Korean society, it is very common for a person’s family to have considerable input into the actions of their children (in this case the members of Omega_X) and whether their families would consent to retainment of legal counsel to research these matters is something we are not privy (have the knowledge) to.
Thank you for taking the time to read this update and to consider my personal opinions on the matter (in bold). Please continue to share this petition to support the independent investigations and to who support to the members. #protectomegax #protectOmega_X #fightingforomegax #omega_x #omegax #for_x #forx #Jaehan #Hwichan #Sebin #Hangyeom #Taedong #Xen #Jehyun #Kevin #Junghoon #Hyuk #Yechan