Entertainment～To avoid various risks in daily practicaloperations in diverse fields～
１. Legal Issues in the Entertainment Industry
In transactions related to the entertainment field, it is not uncommon forbusiness to proceed in an unstable state without a written agreement such as acontract or memorandum of understanding, and it is not unusual for there to be
many parties involved. Therefore, once a dispute arises, it can take a lot of timeand money to resolve. In addition, since many businesses in the entertainment
field target the masses, once a dispute arises, there is a risk of damage toreputation, which requires a cautious approach.
To avoid such risks, it is extremely important to consider and prevent legal
issues in ordinary times, and to respond appropriately when disputes arise.
Furthermore, with the recent increase in new digital content due todigitization, new rights relationships and complex legal issues have arisen that aredifficult to protect under the existing legal system.
We provide advice and support on the above issues from a legal perspective.
Incidentally, the term “entertainment” encompasses a wide range of industries,
from the classics such as movies, TV, animation, music, art, theater, performing
arts, novels, cartoons, sports, to the relatively newer ones such as video games
and video distribution. While different industries have different practices and the ai
legal issues that arise vary from industry to industry, we believe that the following
are some of the most common issues that arise.

２. Specific examples
・Preparation and review of various contracts
It is important to have a written contract in any industry, and the entertainment
industry is no exception. For example, contracts with creators are often draftedunder the name of “outsourcing contracts” rather than employment contracts, buteven if labor-related laws do not apply, it is still necessary to comply with laws
such as the Antimonopoly Act and the Subcontract Act・Copyrights
In contracts with creators, entertainers, etc., it is necessary to stipulate thetreatment of copyrights and neighboring rights. In addition, in contracts withcreators etc., it is often the case that the contract is not with the creator individually,
but with the office to which the creator belongs. Therefore, it is also important toconsider how to make the contract effective while the creator is nota party to the contract.
・Trademark rights
When providing new content, it is also important to be careful not to infringe on
the trademark rights of other companies. If a trademark infringement occurs, youwill have no choice but to stop providing the content.

Conversely, it is also important to apply for and register a trademark for thecontent you intend to sell or offer to prevent imitation of the trademark for thecontent you offer.
・Patent rights
Especially in the video game industry, patent infringement lawsuits are notuncommon in recent years. Therefore, it is important to avoid othercompanies’ patents in order to prevent the cessation of service provision, or toactively file patent applications to prevent similar systems from being imitated.
・Debt recovery
In the entertainment industry, there are many transactions with small
businesses, and it is not uncommon for a business partner’s businesscondition to deteriorate, necessitating debt recovery.
・International business
When signing a contract with an overseas company or creator, the contract
is basically written in English. Another feature of contracts with foreigncountries is that in many cases, the contract is concluded before businessbegins.
・Dispute resolution
A dispute may arise with the parties involved, and in some cases, the parties
may be forced to participate in the lawsuit under the name of an outsourcing
agreement not an employment contract. For example, if a production
committee is involved, all parties of the production committee may become
involved in the lawsuit, and the lawsuit may grow in scale.

3. Conclusion
The above are only examples, and various issues will arise depending on
the case.
Our firm handles such matters in the entertainment industry and canprovide support from a legal perspective, so please feel free to contact us.
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WriterYuriko SAGARA
Attorney at Law[y_sagara☆nakapat.gr.jp]

Shoichi SATAKE
Attorney at Law

Hidekazu NISHIMURA
Attorney at Law[s_satake☆nakapat.gr.jp] [h_nishimura☆nakapat.gr.jp]

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