Introduction
The media and entertainment industry has changed dramatically in its legal environment over the past several years—the digitalization of content distribution, the concentration of streaming platforms, the rise of the influencer economy, the spread of generative AI, and the full-scale arrival of stealth-marketing regulation. Beyond the traditional frames of publishing, broadcasting, music, and video, new forms of media—social media, live streaming, podcasts, and Web3 content—have emerged one after another, each with its own distinct legal issues.
Our firm handles consultations from every vantage point: content holders (media companies, labels, and production houses), platform operators, creators, and advertisers and agencies. Beyond merely drafting contracts, the capabilities demanded in this field are practical negotiating strength informed by industry custom, relationship design for dispute prevention, and the ability to respond swiftly to brand-damage risk.
What we place particular importance on is a "legal service that keeps the creative flowing." Rather than fearing legal risk excessively and causing expression and business development to shrink back, we assess the risk accurately and, together with you, seek solutions that accelerate the business as far as possible.
Areas of Practice
1. Content Licensing - Licensing agreements for publishing, broadcasting, and streaming rights - Designing secondary-use rights, overseas-expansion rights, and sublicense rights - License-fee structures (minimum guarantee plus royalty, etc.) - Carving out exclusive/non-exclusive, and territory, term, and medium - Handling of inventory and distributed copies at contract termination
2. Talent Agreements - Performance agreements for actors, voice actors, talent, and models - Agreements for influencers, YouTubers, and streamers - Designing exclusive agreements vs. management agreements - The scope of use of likeness rights and publicity rights - Grounds for termination (morals clauses) and post-career non-compete
3. Music and Neighboring Rights - Designing ownership of master-recording rights and copyright - Music-use licenses (synchronization rights, master rights) - Coordinating relationships with JASRAC, NexTone, and various organizations - Rights clearance for live streaming, karaoke, and in-store use - Artist agreements and songwriter agreements
4. Streaming Platforms - Content-provision agreements with streaming platforms - Revenue sharing, use of viewing data, and exclusivity - Designing monetization models such as ad insertion, subscription, and PPV - Transactions with overseas platforms (U.S., Korea, Southeast Asia)
5. Advertising and Marketing Legal Work - Compliance with the Act against Unjustifiable Premiums and Misleading Representations (including stealth-marketing regulation) - The Pharmaceuticals and Medical Devices Act, the Health Promotion Act, the Act on Specified Commercial Transactions, and the medical advertising guidelines - Disclosure obligations for influencer advertising and management of "PR" labeling - Designing schemes for tie-up advertising and affiliate advertising - Risk assessment for comparative advertising and misleading representations as to superiority or advantageousness
6. Disputes and Crisis Management - Responding to defamation and privacy-infringement claims - Rapid response to social-media firestorms and reputational damage - Handling copyright infringement claims and DMCA notices - Talent trouble and disputes over contract termination - Negotiations with industry bodies and government authorities
Representative Matters (Illustrative Examples)
Example 1: Negotiating Streaming Rights with a Video Streaming Platform
A mid-sized video production house entered negotiations to provide its in-house documentary series to a major global streaming platform. The platform presented its standard template, but it contained terms disadvantageous to the provider on several points: (1) the length of the exclusivity period; (2) a blanket assignment of overseas streaming rights; (3) discretion over secondary use; (4) producer credit; and (5) an opaque split of subscription revenue.
Our firm supported: (1) a comparative analysis against industry norms and other platforms; (2) organizing the business priorities (such as the trade-off between shortening the exclusivity period and increasing the lump-sum payment); (3) support across multiple rounds of negotiation; and (4) long-term rights design with a view to future development of the work. As a result, we succeeded in amendments that halved the exclusivity period from the initial proposal, reserved concurrent streaming rights in specified regions, and raised the minimum guarantee.
Example 2: Responding to an Influencer Marketing Dispute
At a cosmetics brand, an engaged influencer made inappropriate posts about the company's products on social media, and the risk of a suspected violation of the Pharmaceuticals and Medical Devices Act and of stealth-marketing regulation became apparent. In parallel, a breach of contractual exclusivity (simultaneous PR for a competing product) also came to light.
Our firm provided integrated support: (1) scrutinizing the contract clauses and identifying the grounds for breach; (2) determining whether a preemptive voluntary report to the Consumer Affairs Agency and the Ministry of Health, Labour and Welfare was needed; (3) negotiating the deletion and correction of the relevant posts; (4) negotiating a claim for liquidated damages; (5) revising the contract template to prevent recurrence (an obligation to comply with guidelines, a prior-approval system, and a fee-clawback clause upon breach); and (6) establishing internal rules for operating influencer marketing. We achieved both short-term dispute resolution and medium-to-long-term risk reduction.
Example 3: Clearing Neighboring Rights in Music Streaming
A newly launched online live-streaming platform needed to build a rights-clearance scheme for music use as it began service. Multiple scenarios existed—artists' own compositions, cover songs, BGM use, and requested performances by viewers—each requiring different rights clearance.
Our firm put in place: (1) an organization of copyright, neighboring rights, and performers' moral rights; (2) use-license negotiations with JASRAC, NexTone, and each record company; (3) incorporation into the platform's terms of use; (4) an individual-agreement template with artists; (5) viewer-facing guidelines (handling of cover songs, etc.); and (6) additional considerations for the use of overseas music. We were able to keep post-launch complaints regarding rights clearance to zero.
How to Engage Us
- Initial Consultation (30–60 minutes / available online): We hear the overview of the matter and its industry context and organize the issues.
- Estimate and Proposal: We present the scope and fees. We also handle urgent firestorm response and contract negotiations.
- Commencement and Progress Sharing: We strive for rapid response matched to the speed of the industry.
- Completion and Aftercare: We can also provide continued support on related ongoing matters and periodic legal checks.
Fee Guide (Reference Figures / Subject to Discussion)
- Initial consultation: Free for the first 30 minutes; time charge thereafter
- Contract review (performance agreements, license agreements, etc.): Estimated JPY 50,000–200,000
- Contract drafting and negotiation support: Estimated JPY 200,000–800,000
- Streaming-platform negotiation: Individual estimate (time charge, or a contingency arrangement is also possible)
- Emergency response (firestorm and defamation response): Time charge plus retainer
- Retainer: Estimated JPY 150,000–400,000 per month
Contact
For consultations in the media and entertainment field, please reach out via our contact form. For matters of high urgency, please note this.