What is legal work like as a player in the contemporary art world?

The firm's lead lawyer, Junya Komatsu, handles a large amount of legal matters related to contemporary art.
The office displays many of Komatsu's art works from his own collection. We asked him why he became a collector of contemporary art and how it relates to his legal practice.

-What first made you become interested in contemporary art and become a collector?

I was born in Nagano and graduated from a university in Kyoto before moving to Tokyo to become a lawyer. When I came to Tokyo, I made a friend who was an artist from Tokyo University of the Arts.Kenichiro FukumotoAt that time, there were no lawyers specializing in art, so I consulted with artists about copyright issues and received consultations from galleries, and then I started helping with cultural policy. I think it was around 2009-2010.

As I exchanged opinions with artists, gallerists, art fair directors, and collectors about what policies were needed in the field of contemporary art, I realized that there was a lot I could do as a lawyer, such as drafting contracts, collecting opinions from the practical side and conveying them to the Agency for Cultural Affairs, and being involved in revising tax laws. At that time, many people told me that I should get involved in the art industry not only as a lawyer, but also as a player (i.e. a collector).

At the time, the only collectors I knew were Dr. Ryutaro Takahashi, a psychiatrist, and Takeo Obayashi of Obayashi Corporation, and there were very few young people buying contemporary art. One day, I visited SBI Auctions to interview Japanese auction companies for a hearing related to the Agency for Cultural Affairs, and after the hearing, I was invited to "take a look at the preview of the auction as well since you're here." There, I saw the largest piece of work by Daido Moriyama, a photographer I've loved for a long time, themed on fishnet stockings. For me at the time, the price was like a leap from the top of Kiyomizu Temple, but I couldn't help but be curious, so the next day, when the trial was over, I took a taxi from Kasumigaseki directly to the auction venue, and just as the auction of the work just before Moriyama's work had just finished.
I thought this was fate! And even though I was feeling excited and nervous, I kept raising my paddle and won the bid.

That was the start of me purchasing about three to four pieces of art a year, including Fukumoto's works and those of artists of the same generation.

-Has your view of art changed since you started collecting?

If you just look at art, you only need to understand the concept of the work, but if you collect it, you have to think about what meaning the work will have for the next 100 years and how it will relate to other works in your collection. Unlike just looking at it, buying it requires XNUMX to XNUMX times more thought. As a collector, I would like to collect works that have a hook that is somehow connected to my work or life. By starting to collect, I have gradually come to understand the customs of the art industry, the relationships between each player, the worries and policies of artists, the importance of criticism and museums, and which museums and galleries are good, and I finally felt that I was a part of the art industry.

-Do collectors have a strong sense of wanting to leave behind a collection of art they have bought for future generations?

Without that, I don't think I have the feeling of being a player. At first, I just bought things I liked intuitively, but I began to feel that way especially after going to New York. New York is the home of contemporary art, so I had many opportunities to interact with other collectors and was often asked, "Why do you collect?" and "What is the concept of your collection?" When I thought about myself, "What kind of player am I as a collector?" and "Why did I buy this piece?", I began to think that it would be better if my collection had a story. And when I thought about my position as a collector, I began to think that it was also connected to the question, "Why do you do that job as a lawyer?"

Until then, there were no lawyers with expertise in creative industries such as art, fashion, and architecture, so I was aware that I was breaking new ground, but I think this was an opportunity to think a step further and ask myself, "What do I want to do with that?"
Not only do I provide legal support to help people in that field succeed, but I also propose new contract schemes and ways of working, change systems together with the country, and interact with other countries. I want to push it to the level of collaborating with clients as a legal expert and a player in that field, rather than just defending as a lawyer. It was only after I started collecting art as a collector that I was able to embody that mindset within myself.

-What are some of the advantages you have when specializing in support in fields such as the creative industry?

For example, if you want to protect a design, you apply for registration with the Patent Office, but you need to gather literature to prove that it is new or groundbreaking. Whether it's design or fashion, having deep knowledge in the field allows you to make specific suggestions such as "Maybe you can find literature if you go to that place overseas?", "Let's get that person to write a letter of opinion", or "An interview with you was published in that magazine, wasn't it?"
There are similar issues with copyright, but as a collector I see a ton of art, so I can often find out things like "how many works with similar expression have been created in the past" without having to check with the client, which makes it easier to come up with a strategy.

-What kind of collaborations are you conducting with the government, such as the Agency for Cultural Affairs?

When I joined the forum for exchanging opinions, it was before the start of any measures to support contemporary art, and we started by listening to the concerns of each player on the practical side, examining the framework for financial support when galleries exhibit at overseas art fairs, examining the need for a system to send critics overseas and the training of young artists, and compiling opinions on the need for tax reform, etc., and sharing them with the government. This was before CADAN (Japan Contemporary Art Dealers Association, a general incorporated association) was established.

I felt the need to establish an organization that could coordinate these activities on the private side and exchange opinions with the government, so I helped establish CADAN with the people I worked with at the time, and have continued to support it as an advisor since its establishment. I have been researching tax systems, such as whether or not tax benefits are available when donating artworks to the government or art museums, for many years, and have been attending expert meetings and submitting opinions from CADAN, which have gradually changed things. In recent art fairs and exhibitions, a system has been established that allows people to avoid paying consumption tax in advance by applying in advance when importing artworks into Japan, and we shared opinions from overseas with the government about this as well. I feel that over the past 10 years or so, the contemporary art world in Japan has been gradually improving in many ways. I have also heard that the contemporary art world has not expressed opinions on cultural policy for the past 50 years or so. Now that CADAN has been established, it has become easier to exchange opinions between galleries, hold study sessions, and exchange opinions with the government.

Not only do I receive support for cultural policy, but I also receive more and more consultations from friends of artists, galleries, art museums, and art school students every year, so I'm glad that I started the field of art law and have worked hard to get to this point. However, over the past 15 years, new forms of expression have emerged one after another, so I feel the need to nurture the next generation of experts who are younger than me. I hope that there will be an increase in lawyers who love contemporary art and are interested in the players.

【2024.12.24】