Hello! We're lawyers who love BTS! PFP and header by the awesome
@moonchild__JK
! We cannot provide legal advice, here for education only.💜
#IsThatDimpleIllegal
Hi ARMY,
To make our past threads easier to find, we creating this thread with links to all current and future legal information threads. (which will be pinned on our profile)
If you want to know what, if anything, we've said on a particular topic, you'll find it here.
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We've discussed before what to do when someone threatens you with legal actions before (see threads linked below)
Also impersonating a person/business can have consequences if your impersonation affects the business interests of the person/business you're impersonating.
Hello ARMY.
Yes we've heard about the
@BTS_twt
\
@theestallion
collab.
We're currently reviewing the legal fillings for the case and working on a thread explaining what they mean.
#ButterTheeRemix
.
(Side note, nice job with the collab name
@BTSUpdater
, very nice)
Hello ARMY,
we are aware of the issue with the ARMY song Love Letters.
We have replied to a DM from the creator and will try to offer them information on what they can do.
(Reminder, we do not give legal advice.)
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Thank you for contacting your local ARMY lawyers.
We are currently unavailable while dealing with 7 criminals (
@bts_twt
) who've stolen millions of hearts.
If you're a victim of these criminals please press 1 for assistance.
If you are trying to pay their bail please press 2.
Hi ARMY,
We have several things to say about this.
1. YOU CANNOT SUE ON BEHALF OF ANOTHER PERSON WITHOUT THEIR EXPRESS CONSENT
2. You can only receive compensation for actions made against you. So, no fans cannot receive compensation for actions taken against idols
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[NOTICE]
As we informed you earlier, PURPLE HEARTS sent the Official Letter with Content Certified to HYBE via the law firm on September 6, 2022. This Official Letter previews the criminal complaints to be lodged by PH as Taehyung’s fans to
The Hot 100 results are not determinative of success. In the plainest terms, money is. As long as the song makes enough money (at least more than the 100K) the Court will likely agree that Megan was right and the company was wrong.
#ButterTheeRemix
#ButterCourt
#BTS_Butter
3/4
As ARMYs and lawyers, we've seen a lot of confusion on the TL about the business relationship between BTS, HYBE (formerly BigHit Entertainment) and BigHit Music (BTS’ label). We get it! Corporate and securities law is no joke!
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Hello ARMY,
Since
@BTS_twt
spoke at
#UNGA76
, we thought we’d do a short thread on the United Nations, what it is, how it works and what laws govern it.
#BTSatUNGA
#UNGA
While credit on the Hot 100 is great for recognition (and something ARMY wanted to give Meg to thank her for the remix) it generally isn't something the court considers when deciding whether a song was successful (and therefore whether the TRO was warranted).
#ButterCourt
4/4
Apparently, a certain person is upset with how some ARMY accounts have tweeted about them and has sent letters to Twitter threatening legal action.
So, we thought we'd bring this thread back again.
Just a reminder that a tour involves contracts with literally hundreds if not thousands of service providers, each of which will have their own procedures for postponement or cancellation, not to mention associated cancellation fees and possibly liquidated damages for breach. 1/4
The word of the day is: TRESPASS. (ˈtrespəs,ˈtresˌpas)
The legal definition varies from country to country, but it generally means to enter an owner’s land or property without permission.
It is a criminal offence in South Korea.
We've seen several tweets suggesting that legal action be taken, so we want to address that.
Only the party who the words/actions were directed at (the members) can make the decision to proceed with legal action.
That is not something we as ARMY can do on their behalf.
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Thanks to
@brotheres_7
for pulling the full court records and sharing!
These documents are public record and available to anyone via the Harris County (TX) District Clerk website.
#ButterTheeRemix
#ButterCourt
(2/9)
Hello ARMY!!
In celebration of
@BTS_twt
's wonderful speech and performance at the
#UNGA
, we're posting 2 threads, one on what it means to be Special Envoys (and the perks and responsibilities involved) and one on the UN, what it is and the laws the make it possible.
The long answer is the Court looks at all the metrics for what makes a successful song (streaming, sales) and uses that to determine whether the company was right and the song was bad for business.
#ButterTheeRemix
#ButterCourt
#BTS_Butter
2/4
BTS ARMY Bar Association is a group of lawyers from around the world who love
@BTS_twt
, their music and their message. Our goal is to provide easy to understand legal commentary on topics that may be of interest to ARMY.
Want to help? Apply here:
We would hope so.
Also, lawyers really shouldn't be conducting legal business through Twitter DMs and they also shouldn't do so using their client's Twitter account.
Since we ARMYs are big on acronyms, today we thought we’d share one of faves, ILA. ILA = Independent Legal Advice, which is the advice that each person involved in a legal issue get advice from their own lawyer. ILA is best practice and in some jurisdictions is required by law.
BTS ARMY Bar Association is a group of lawyers from around the world who have assembled because of our love of
@BTS_twt
, their music and their message. Our goal is to provide easy to understand legal commentary on topics that may be of interest to ARMY, 2/4
1. A criminal complaint is different from a law suit
2. The agency is the artist's representative. If the artist decides that the agency has failed in its responsibilities to the artist, then the artist can take legal action against the agency.
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1. 한국 형법상 상습적인 협박행위는 피해자의 처벌의사와 상관없이 처벌할 수 있습니다. 즉 반의사불벌죄의 예외에 해당합니다
2. 고발 대상은 아티스트에게 피해를 입힌 범죄자이고, 소속사의 의무를 다하지 않음으로 해서 입은 피해의 책임은 아티스트가 아니라 소속사에게 있습니다.
Hello ARMY, given the situation in the US right now, we thought we’d provide some information about:
Murder charges and what the various “degrees” mean:
What are the various types of Homicide?
In countries with a common law legal system (such as the US and Canada), there are generally three types of homicide charges, manslaughter, 2nd-degree murder or 1st-degree murder. In some states, there is also 3rd-degree murder.
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Hello ARMY.
First, we want to say to everyone who experienced difficulties with ticketing today, we're sorry you had to go through that. It really, really sucks.
*fandom hug*
To every ARMY who got tickets, congratulations! Shout extra loud for us okay?
Hi ARMY,
we've seen your tweets about the fake copyright situation and we are working on a longer thread (to supplement the info we've already shared).
We understand how serious this situation is, especially given what is happening to Bangladeshi ARMYs.
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As many of you may know, anti-Asian hate crimes are a serious issue that has only gotten worse with the Pandemic.
This includes instances of extreme violence against Asian people throughout the US and the world.
#StopAsianHate
#Bayern3Racist
#RassismussBeiBayern3
On a more serious note, that isn't how the law or lawsuits work.
We've addressed this topic a couple of times in the past and you can find those threads here:
Hello, we've received several question related to whether certain twitter accounts could be sued for the things they say. Here's one of the first posts we did which gives a general overview of defamation in the North American context.
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Apparently, a certain person is upset with how some ARMY accounts have tweeted about them and has sent letters to Twitter threatening legal action.
So, we thought we'd bring this thread back again.
Fanbases can’t commence actions on behalf of BTS, because a person cannot start a lawsuit on behalf of another person. You must be directly affected (be the victim) to have any standing in court. Lawyers know this. We doubt any lawyers have accepted or filed any such cases.
Hey ARMY, we’re seeing a lot of angry and upset tweets at the publication released, so let’s talk about what defamation actually is. Keep in mind this is not legal advice! If you need legal advice, please engage your own attorney. Our tweets are FYI only. A THREAD! 1/20
TH is an adult individual who has the right to make choices about what legal actions to (or not to) pursue.
Fans have no right to try and take his agency and choice away from him in this manner.
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3. Attempting to order an individual (or their representative) to take legal action in this manner is unethical and, if it includes threats of any kind, is potentially blackmail.
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Also, as previously stated by BH, third-party complaints, (like the ones allegedly made by PH), cause considerable trouble for the ARTIST.
Dealing with those complaints requires the artist to go to the police station to be questioned.
PLEASE DO NOT DO THIS.
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Yes, we've seen the Harvard Law Review tweet.
Yes, we are nerdily freaking out over the BTS/Law connection.
Yes, we are reading the piece where
@BTS_twt
was cited.
(maybe we are writing something longer about this....)
#BBMAsTopSocial
We did a short thread on the DMCA before.
If anyone is interested we can try to do a longer thread on the DMCA and copyright in the future.
(No promises on when that'll be done though, 😅)
In general there are two issues:
1. Claims made under the actual DMCA legislation
2. Claims made through DMCA systems set up by various forms of social media.
Issue
#1
should be addressed through your own lawyer and is dependent on a variety of factors.
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4. You have no right to any information about legal actions taken by TH or his representatives. The only person who has rights to that information is TH himself.
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BH regularly initiates actions on behalf of the artists they represent and provides updates about those actions every quarter.
If you want to help with this, the ONLY way you can help is to send them emails with info about what happened.
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Please know that ARMY will always be by your side and will do whatever we can to help create a world where all people can be free from hate, discrimination and violence. A world where, you, I and we can all be respected.
Stand together forever. 💜
#StopAAPIHate
.
#StopAsianHate
Hello, we've been tweeted a couple of times about the legality of someone using your tweets in an article, in research, etc.
The short answer is, it's complicated, but probably yes.
The long answer is that it really depends on the circumstances.
What’s the bottom line?
BTS/BH/HYBE have a complex (and successful) business relationship. BTS are more than just artists under contract to BH; they are shareholders in HYBE. As both artists and shareholders, they stand to benefit from both their and HYBE’s business successes.
Today’s word of the day is: INDICTMENT (inˈdītmənt). An indictment is a formal accusation that a person has committed a crime. In South Korea, an indictment occurs if a prosecutor, in investigating a matter, chooses to charge a person with a crime. 1/2
Generally, it would be best not to give people money for a law suit unless you can verify the following:
- that there is an active law suit with the victim's permission and involvement.
- there is some proof of the cost of the law suit, such as a legal invoice
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So, we're aware of what has been occurring for the last few days and we are currently discussing what if anything we can add to the conversation (by way of legal threads).
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Hello ARMY,
Just wanted to pop in and say we (currently) have no intention of closing down our Twitter account.
Also, sorry we've been kind of MIA lately. Just when we thought life was calming down enough to start writing some threads, new problems arose. 😅
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Also, while as lawyers, we obviously see the courts and lawsuits as very useful tools to address issues, they're not always the best tools.
Legal action is expensive and time consuming. It should only be undertaken as a last resort and sometimes not even then.
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None of these factors are present with the current situation (especially not the part about the victim's permission and involvement) so....
PLEASE do NOT give anyone money for this.
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- that you know who the lawyers are and have confirmed that they are real lawyers
- that there is some evidence of the victim's financial status such that you are satisfied that they actually need help paying their legal bills.
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This is probably geared towards preventing people from making money off of BTS' image (fansites), so free items should be fine.
However, you could interpret the wording to include any sharing of goods with BTS' image, even for free.
So, if security tells you to stop, do it.
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As to the issues with TM. We've seen your tweets about it. We're looking into whether there's any info we can provide on this issue.
(Legal research takes a bit of time, sorry.)
For now, the best steps you can take is what Black Swan has suggested here:
Ticketmaster's contact form is here. Pull up any second-hand sales listing (stubhub, vividseats) for evidence. The seat for sale should be included (as evidence).
Also @ them on twitter:
@Ticketmaster
,
@TicketmasterCS
, and
@TMFanSupport
.
That is why we always recommend speaking with a lawyer from your area. They will go over your options with you, tell you all the factors you need to consider and your chances of success.
A good lawyer will never tell you to proceed with a lawsuit that has no chance of success.
Also, it's bad practice for the police to force a victim to be involved in a criminal complaint.
And BH has already stated that the artists will not get involved with such complaints made by fans, so unless you want the police to detain TH and force him to talk, please stop.
Hey ARMY now that the night is over and our boys have given an amazing performance, we thought we’d do a little legal education. Today’s topic is: fraudulent misrepresentation. (1)
While we understand how difficult the uncertainty is, please know that there are many players also affected by a cancellation or postponement who have to be taken into consideration when making a decision on this. 4/4
We’ve never henpresented a chicken before, but here’s some eggsellent leggal henformation.
What to do when someone threatens you with leggal eggtion, a thread.
1/
Such eggcusations! Do I need to reggtain legal counsel?
@BTSARMYBarAssoc
? I never eggfirmed any truth in my having a bird brain peckticularly hen court or hender oath! I only claimed to have a purple heart! The eggvidence only supports that truth.
It's honestly mind-blowing to us that we've been able to see
@BTS_twt
speak at the UN, as Korean Ambassadors and now at the White House.
Words cannot express how proud we are of them, truly.
#BTSatTheWhiteHouse
WATCH: BTS (
@bts_bighit
) at White House Press Briefing.
"We are BTS and it is a great honor to be invited to the White House today to discuss the important issues of anti-Asian hate crimes, Asian inclusion and diversity."
For further information on law suits and how they work, please see our previous thread on defamation.
Which, again, includes information about how you cannot sue on another's behalf.
Here:
Hey ARMY, we’re seeing a lot of angry and upset tweets at the publication released, so let’s talk about what defamation actually is. Keep in mind this is not legal advice! If you need legal advice, please engage your own attorney. Our tweets are FYI only. A THREAD! 1/20
3. As we addressed later in the thread, BH (and therefore TH as BH is his chosen representative) have asked fans NOT to file criminal complaints on the artist's behalf.
*Note:
In the thread, we say "worry about letters received from attorneys, not Twitter threats".
While this is true, there are times where a lawyer (or someone posing as a lawyer) will send a letter suggesting that legal action is happening.
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BUT, unless you receive an official document authorized by a Court, (essentially if you are "served" with a lawsuit) no legal action has been commenced.
A lawyer sent by a lawyer is not a court order and cannot force you to take (or not take) action.
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We're not entirely sure what you mean by "report".
If you mean why they don't bring lawsuits against people in other countries, that's a very complicated issue because it would depend on the laws in each specific country.
#IsThatDimpleIllegal
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@BTSARMYBarAssoc
#IsThatDimpleIllegal
, can you give explanation why BH and the labels cant/have difficulty to report all the defamation that target the members, especially when the people who do it not from SK/ international?
Spoiler alert:
BTS has a contract with BigHit Music (BH) involving their artist-label/management company relationship.
Unusually for the music industry, the members also are HYBE shareholders.
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We’re still considering whether we can sue TM for emotional distress for kicking us out of the system no less 3 times & denying us the soundcheck tickets in our basket, and booting us back to the queue, but 2/3 of your humble admins will be at Toronto shows! Lawyer meetup anyone?
If opting to enforce a force majeure or “act of god” clause in order to avoid such a breach (if such a clause exists in a contract), there is often a long waiting period before it can be exercised. 2/4
“You’ll be hearing from my attorney.” “I’ve sent our conversation to our attorney.” “You had better stop doing/saying [x] or I will be consulting an attorney.” Those words are enough to send a chill through anyone, aren’t they?
2/
If you receive such a letter, stay calm, contact a lawyer (there are often free/reduced-cost legal services especially for matters related to free speech.), and don't agree to anything unless directed to by your lawyer.
We’re not sure what to say about the events unfolding in Washington DC right now. There is no precedent for this. What we can say with 100% certainty is that we believe in the rule of law.
If they want to pursue legal action against the ARMY accounts, they would need to get a court order for the user information of the accounts and then send legal notices to those accounts directly.
Hello ARMY,
We just wanted to say thank you for the almost 35 K followers. We're so glad that we're able to provide you with information you find interesting and useful.
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There really aren't any easily accessible source to explain these concepts, but basically:
Fee: a one-time payment
Royalties: a percentage of all earnings for a song
Swap: an agreement that each party will feature on the song of the other party.
#ButterCourt
#ButterTheeRemix
@BTSARMYBarAssoc
Thank you! Understanding to another country’s laws is always even harder than your own country’s.
If you can, could you redirect me to any sources on the whole swap/fees/royalty concept? I’m not sure if I get it right (I get only royalties)…🙏
Congratulations to Debbie White (
@thedebwhite
) for being recognized on Billboard Women in Music list for 2020.
This is Ms. White's 5th consecutive year being recognized. Ms. White represents several artists, including
@BTS_twt
. 💜
Hello,
Whether a lawsuit is possible would depend on Germany's defamation laws.
And you can only sue on behalf of someone else (in this case the members) if you have their direct permission and agreement.
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We’d also like to remind everyone that any tour postponement or cancellation announcements will only come from OFFICIAL sources (BigHit, LiveNation). Anything else is speculation.
*Note: On March 18, 2021, HYBE introduced its new name and gave a presentation on its business structure, mandate and its new office building. You can find the presentation here:
This graphic shows HYBE’s current organizational structure:
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Last note, from what we've seen the lawyer letter(s) was sent to Twitter meaning that, at this time, there is no indication that they are pursuing legal action against anyone other than Twitter.
(Technically not pursuing action against Twitter either, just threatening it.)
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