Court says singer Rain not responsible for canceled U.S. concerts

By Kim Eun-jung

SEOUL, Jan. 28 (Yonhap) -- A Seoul court ruled Thursday that South Korean pop singer Rain and his former management agency JYP Entertainment were not responsible for canceled concerts in the United States.

South Korean concert organizer Wellmade STARM had filed a suit against Rain and JYP seeking 4.57 billion won (US$3.96 million) in compensation for 16 canceled performances out of a scheduled 35 during his U.S. tour between 2006 and 2007.

STARM, which paid 10 billion won in advance for performance fees and copyright commission, claimed the concerts were called off because JYP did not disclose the fact that the Korean singer was sued by an American firm over his stage name.

In February 2007, the singer and JYP were sued over copyright infringement on the use of the name "Rain" by U.S. recording firm Rain Corporation. The company, which worked with an American band also called "Rain," demanded the South Korean singer drop the English translation of his name in the U.S. The Nevada District Court later dismissed the case, ruling there was no evidence that Rain Corporation suffered actual damage.

"The cancellation of concerts in the United States did not result from Rain's copyright infringement suit," the Seoul Central District Court said in its ruling, noting it was caused by contract problems between the singer, a U.S. company and a Hawaii-based promotion firm's shoddy preparation.

The court also said there was an exemption clause in the contract that gives Rain and his agency immunity from responsibility for disputes with a third party.

In a separate case, Rain and his former agency were sued by a U.S.-based entertainment firm over canceled concerts in Honolulu in 2007. The two parties later reached an agreement after a three month legal dispute.

The 27-year-old singer and actor, whose real name is Jung Ji-hoon, is one of the most popular male celebrities in Korea and is also widely known across Asia. He starred in the Hollywood blockbuster "Ninja Assassin" late last year.

ejkim@yna.co.kr
Source: Yonhap News