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    ART LAW WORLD ｜Art Law in Japan

  • BLOG

    Law & Ethics in the Artworld

      Structures of Artist’s Resale Right and NFT Royalties 
    December 20, 2022
    History of Design and Design Law: An International and Interdisciplinary Perspective, Springer, Singapore
    April 28, 2022
    Benjamin N. Cardozo School of Law, #CardozoLeader
    February 10, 2021

  • NFT

    Kodai Kimura Collection Tezos

  • SNS

  • ABOUT ME

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    Kodai Kimura

     

    Profile

     

    Bar Admissions

    • Japan, 2007
    • New York, 2015
    • Washington D.C., 2022
    • Registered Foreign Lawyer, Singapore International Commercial Court (SICC), June 2015 - August 2020　
    • Registered Foreign Lawyer, Ministry of Law Singapore, August 2013 -September 2014

    Education

    Experience

    Professional Activities

     

    • Daiichi Tokyo Bar Association
    • Member, the Copyright Law Association of Japan
    • Member, Intellectual Property Lawyers Network Japan
    • Co-Chair, Benjamin N. Cardozo School of Law, Japan Alumni Club
    • Member, Inter-Pacific Bar Association (IPBA)
    • Member, the Japan Association for Cultural Policy Research
    • Member, The International Art Market Studies Association (TIAMSA)(August 2019 - August 2021)
    • Benefactor Member, Mori Art Museum
    • Official Columnist, Forbes JAPAN (November 2020 - present)
    • Auditor, Kinan Art Week Executive Committee (2021 - present)

    Research Projects

    Art Projects

    • Yamar Yoshida & Heijiro Yagi, MALOU A-F Ver. 2024, Yambaru Art Festival, January 20, 2024 - February 25, 2024 (Legal Consulting, Contract Drafting & English Translation)
    • MALOU A-F, Block House, Tokyo, July 20 - July 30, 2022 (Legal Consulting & Contract Drafting)
    • Exhibition Sale and Purchase Project "D4C" organized by Maaru Hiyama, 2019 - (Legal Consulting & Contract Drafting)
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    Publications (English)

     

    Publications (Japanese)

    Presentations

    • Speaker, Copyright as a Pillar of Respect for Artists in Society, Associazione Culturale Giappone in Italia, Conference, Japan: art, law, society and their influence over the world, September, 2024
    • Speaker, The Use of Art Archives and the Concept of Copyright, Tama Art University Art Archives Center Symposium, December 2023
    • Speaker, Museum Management and Copyright - from the display of paintings and sculptures to NFT art, the Japan Association of Art Museums, November 2023
    • Speaker, The Basics of Artist Rights and Contracts, Kobayashi & Yugeta Law Office, Startbahn, Inc., and One Asia Lawyers, Asian Art & Legal Practice Team, Online, October 2020
    • Speaker, Copyright and Contracts for Web Creators, contents.nagoya 2019, Nagoya, July 2019
    • Speaker, Copyright Basics for Art Management, Aoyama Gakuin University, August 26, 2016

    Media Appearances (English)

    Media Appearances (Japanese)

    • Commented, Osaka IR's Problem of Unauthorized Use of the Images of the Artworks. How could it have been prevented? What should be noted?, Bijutsutecho, April 19, 2023
    • Commented, Osaka IR used Yoshitomo Nara's work without Permission? We were neber asked for permission to use it, Bijutsutecho, April 15, 2023
    • Commented, Casino Concept: Remaining Issues, Asahi Shimbun Morning Edition, April 15, 2023
    • Commented, Diversion of Works by Yoshitomo Nara and Takashi Murakami? Osaka Prefecture and City's IR Image Chart, Asahi Shimbun Digital, April 14, 2023
    • Commented, Miyashita Park, Shibuya, Owner 'allowed' the Artwork to be 'different' without Author's Permission, Asahi Shimbun Evening Edition, April 4, 2023
    • Commented, Artwork in Miyashita Park, was completely different from the Original, the Artist Claimed Copyright Infringement, Asahi Shimbun Digital, March 28, 2023
    • Interview, Protect Creators' Rights! Let's Learn about 'Copyright Contracts', CGWORLD, March 3, 2023
    • Commented, [Postscript] Fujiko Nakaya's "Fog Sculpture" was found to have been photographed at the Nagano Prefectural Museum of Art without a license. A fashion brand used it for commercial purposes, Tokyo Art Beat, January 11, 2023, updated January 18, 2023
    • Commented on the Amendment of Copyright Act 2020, Forbes JAPAN, November 13, 2020
    • Commented, TV program, "N-Sta", TBS, January 7, 2011 -Commented on a copyright issue involving murals designed with famous characters and drawings without permission from the copyright holders; in Akune city, Kagoshima, Japan.

  • POLICY

    The three policies underpinning my art law practice

    1. Understanding of Art - Contributing to my favorite area.

    I place importance on actually seeing and thinking about numerous works of art on a daily basis. In recent years, I have visited the following art fairs and museums.

     

    Armory Show (2013), Frieze New York (2013), Art Stage Singapore (2014), Art Fair Tokyo (2016 - 2019, and 2021-2024), Tokyo Gendai (2023-2024), Art Collaboration Kyoto (2023-2024), art stage OSAKA (2022), 3331 Art Fair (2021), Art Fair Asia Fukuoka (2023), Frieze Seoul (2024), Kiaf SEOUL (2024), Art Basel Hong Kong (2017), Art Central Hong Kong (2017), Art Taipei (2017).

     

    Mori Art Museum, The National Art Center, Tokyo, Museum of Contemporary Art Tokyo, Tokyo Metropolitan, Art Museum, The National Museum of Modern Art, Tokyo, Tokyo Photographic Art Museum, The Watari Museum of Contemporary Art, Artizon Museum, Yokohama Museum of Art, The Museum of Modern Art, Hayama, The Hakone Open-Air Museum, The Museum of Modern Art, Saitama, Kadokawa Culture Museum, Chiba Prefectural Museum of Art, Chiba City Museum of Art, Nagano Prefectural Art Museum, Nagoya City Art Museum, Aichi Prefectural Museum of Art, Toyota Municipal Museum of Art, Kyoto City KYOCERA Museum of Art, The National Museum of Modern Art, Kyoto, Kyoto National Museum, The National Museum of Art, Osaka, Nakanoshima Museum of Art, Osaka, Abeno Harukas Art Museum, The Museum of Art, Kochi, Fukuoka Art Museum, Fukuoka Asian Art Museum.

     

    MoMA, Solomon R. Guggenheim Museum, The Metropolitan Museum of Art, Whitney Museum of American Art, New Museum, The Noguchi Museum, MoMA PS1, Dia: Beacon, Storm King Art Center, National Gallery of Art, Hirshhorn Museum, Museum of Contemporary Art, Chicago, National Gallery Singapore, Singapore Art Museum, ArtScience Museum, Leeum Museum of Art, Amorepacific, Museum of Art, SongEun, Hong Kong Museum of Art, Taipei Fine Arts Museum, Museum of Contemporary Art Taipei, MoNTUE (Museum of National Taipei University of Education).

    2. "1 in 100 Expertise" – Exploring optimal solutions based on understandings of the "law" and "art business."

    Lawyers' analyses are centered on legal theory. Of course, legal theory is important, but I also focus on incorporating a mechanism to prevent disputes through an analysis of dispute elements, which means considering what elements lead to disputes in the first place.

     

    The legal framework varies from country to country, but dispute elements are similar across countries so examples from abroad are also helpful.

     

    For example, if I analyze dispute elements over public art, I can see that there are many cases where the deterioration of art work (maintenance) and redevelopment of a surrounding environment can cause disputes.

     

    I stock cases and press articles in Japan and overseas on a daily basis and analyze dispute elements so that they can be useful in preventing conflicts.

    3. "Simplifying Complex Information" – Leading you to take action.

    Because legal discussions are often complex and difficult to understand, I strive to convey information in a simple and easy-to-understand manner and in a way that leads you to action.

     

    To improve the clarity of information, I use visual expressions such as creating a chart of relationships between parties in cases where there are many parties concerned.

  • ABOUT ALW

    Aiming towards establishing Art Law in Japan

    The name of this website "ART LAW WORLD" was created by combining the phrase "ART WORLD," which is widely used in the art industry,

    with the phrase "ART LAW," which is used in the legal professions of Europe and the United States.

     

    "ART WORLD" is derived from a famous paper the Artworld, (1964), by Arthur Danto on defining art,

    and is now well established as a term for the world of art composed of players such as artists, galleries, collectors, auction houses, art museums, and art critics.

     

    "ART LAW" is not a solo statutory law but it is a practice area that focuses on the art world, covers a wide range of laws,

    including mainly copyright, and is edited to make it easier for players to deal with legal issues arising in the art world.

     

    The basis of the practicing attorney's role is to resolve the individual legal issues of each client.

     

    However, I believe that attorneys can also play a key role in contributing to the sound development of the art market as a whole

    through establishing a legal field that can be easily edited for players in the art world, as "ART LAW."

     

    With an aim towards establishing Art Law in Japan, I will continue to update ART LAW WORLD.

  • CONTACT

    Please feel free to contact me!

    Kobayashi & Yugeta Law Office
    +81-3-3568-8410
    +81-3-3568-8410
    kimura@yu-kobalaw.com
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