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Crying Nut Issues Official Statement on CN Blue/FNC Entertainment Lawsuit

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2013.02.19 11:11 Mwave Grace Danbi Hong

After FNC Entertainment made an official apology on behalf of CN Blue, posted on its website on February 15, Crying Nut had stayed quiet, until now.

Crying Nut filed a lawsuit against FNC Entertainment for copyright and neighboring copyright infringement when CN Blue performed one of its songs without permission.

FNC Entertainment initially turned the blame on Mnet, who admitted its mistake in creating the issue.

However, Crying Nut stated once more that Mnet is at no fault as it paid for the consequences, and that this lawsuit was directed at FNC Entertainment.

FNC Entertainment then made an official apology to the band and its agency, promising to do its best to solve the matter and prevent future problems from occurring.

On the night of February 18, Crying Nut finally made its official statement on the matter, released through its website.

Crying Nut Issues Official Statement on CN Blue/FNC Entertainment Lawsuit

The statement reads as follows:

We are Crying Nut.
First off, we apologize to be making a greeting with unpleasant news.

After seriously reflecting on the issue between Crying Nut and CN Blue with strong attempts to look at the issue without bias, we are carefully posting this up.

We want to begin by saying that we do not hold any negative feelings against CN Blue, who is working hard on its music, or that we are trying to use them in any way.

The issue began two years ago in fall of 2011 with a phone call from a large company. The company asked to use CN Blue’s live cover version of Crying Nut’s Offside in CN Blue’s DVD to be sold in Taiwan. We were confused by the randomness and said it was okay to use the live copy, but politely refused it to be included in the DVD. We thought that was the end of it.

However, we heard that our song was sold while being included in a DVD in Japan and we became incredibly upset by the news.

We later came across the video on Youtube and we heard our instruments and voices in the live version. They had used the AR (All Recorded) version. After we played the DVD, our pride was completely hurt, and we started to look into whether this was all right under copyright and neighboring copyright laws. After that, we took legal measures.

We found out that the problem with the performance and DVD distribution was with the broadcast company and the large company, while the copyright and the problems of copyright and neighboring copyrights were with CN Blue’s side.

We brought up the issue with the large company and received an official apology.

We also wanted an apology from CN Blue’s side about the copyright.

But we had a thought that if this issue ends with a simple apology, it may lead to a different error and a similar damaging case may occur in the future. We also believed that if there were no legal precedents, powerless indie bands will suffer an incredibly unfair disadvantage when faced with similar cases. Also because CN Blue had a plagiarism issue with the indie band, ‘XXX’ [left blank], we needed time to prepare accurate legal measures.

We want to clearly state that we are not trying to create noise marketing nor are we trying to stop a popular band’s future because of money with this lawsuit.

What we, Crying Nut, want to say is to not overlook the issue of copyright and neighboring copyrights so easily and it must be carefully and accurately addressed. If a band used the Beatles’ AR and it was used for broadcast and commercial uses, would the situation have been the same?

We believe that this isn’t a situation to look past with a “We were rookie musicians, who were ordered by the broadcast station, so we lip-synced. Why are you being so narrow-minded and picking on us for that, sunbaenim?”

To simply lip- and hand-sync to another’s song AR and later even have it produced in a DVD, only to complain and appeal to our emotions that they had no other choice due to the broadcast station, is an unprofessional action that we cannot understand.

We had many thoughts slipping past our heads, such as “Is it because us, indie bands, seemed easy?” or “Is it because they lacked awareness of copyright laws?”

In the middle of all that, we saw the official apology from CN Blue’s side.
Our emotions died down a bit and we realized that CN Blue must be struggling a lot as well – honestly, we were engulfed with mixed emotions.

However, we also couldn’t rid of the bitter feelings that came from the official apology.

We saw an article that said they sincerely apologized and will try hard to prevent another situation like this from happening. …but they explained no counterplans to make sure this happens. The reason why we are taking legal measures is to establish a precedent so that no future musicians will be harmed (We honestly wish there was a better alternative).

We have spoken the truth to the large company and confidently gained our rights. A settlement was possible because the mistake was admitted.
We are speaking the truth and trying to seek our rights from CN Blue’s side as well.
We do not care if we are called to have double standards or be narrow-minded sunbaes.
We merely want to speak the truth to gain our rights and honor.

We have no intention of hurting anyone or getting hurt.
This is the mindset of Crying Nut.

And the legal compensation that we will receive from CN Blue’s side, it will be deposited to our legal firm and will be used as a copyright donation to develop the indie scene.

We heard that CN Blue acted as an indie band in Japan. What is ‘indie?’To put it simply, it is ‘independence.’ They create their own music, produce it within the capital structure, distribute it in a pretty independent method, and most importantly, take responsibility for their own productions and actions. ‘Indie’ is not marketing. It is a mindset. We believe that it is wrong for someone to avoid his mistakes just because a higher power told him to do so, while being part of the independent movement.

‘One truthful stroke’ can change the world.

Sincerely, Crying Nut.

Photo Credit: Drug Records

CN Blue 20130219 FNC Entertainment 20130219 Crying Nut 20130219
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