The potential of legal services that support business creation
The philosophy of non-confrontation learned from the entertainment industry

[Interview with Attorney Naoki Sugimoto, Part 2]

Attorney Naoki Sugimoto transferred to Mimura Komatsu Law Office this fall. He previously worked at a well-known entertainment production company, where he was assigned to the business coordination department under the direct control of the executives, and used his legal knowledge to act as a liaison between the company and the on-site staff.
In the second half of the interview, we spoke with him about why he decided to move to Mimura Komatsu Law Office, specific issues he has encountered in the entertainment industry, and his strategies for contract negotiations and communication.

<First part＞Click here

Empathize with emotions
Solutions through dialogue

-Could you tell us why you moved to Mimura Komatsu Law Office?

I plan to continue working mainly on entertainment-related cases, but the truth is that there aren't many precedents or examples in this field yet. This is because the issues in the field often don't come to light, and while there are rules that can be used as reference, such as contracts and copyright law, there are many problems that cannot be solved by these alone. Also, when interpreting things on your own, there is a risk that your value judgments will be biased.

Although it is rare in the legal industry, Mimura Komatsu Law Office often works as a team, so by exchanging opinions with lawyers who have different ideas from my own, I am able to refine my answers and take my proposals a step further.
Also, although it may seem a bit paradoxical given my theme of wanting to eliminate disputes as much as possible, another attractive feature of Mimura Komatsu Law Offices is their strength in litigation. Four lawyers on staff are former judges, and because they have a wealth of experience and case history, they can persuasively determine whether a case is a meaningful lawsuit or a dispute that should be avoided.
Furthermore, the firm, led by its representative attorney, Attorney Mimura, also has strengths in the field of intellectual property, so I feel that a major attraction is the opportunity to learn the firm's deep knowledge of how to develop businesses in a variety of industries, not just entertainment, and apply it to practical work.

--Recently, the Japanese film industry has seen a succession of popular works, attracting increasing attention from overseas. Are you still producing films?

Yes, we have just received permission to use the original work and have begun development.
Large film companies organize a production committee and have staff who can oversee the entire project, but smaller companies often rely on on-site experience and don't even have a contract. For this reason, I sometimes participate on-site as a member of the management team. I'm not sure if my title will be one of the producers or legal producer, but I'd like to shoot next year and release the film the year after.

However, structurally, it is difficult to expect large profits from the film industry, and in fact it is quite common for films to end up in the red. However, the fact that new films continue to be released despite this makes it a very unique industry given the industry's original structure.

-Why do you think that is?

Movies have always been about people who pursue romance rather than logic, so no matter how limited the budget, movies can continue to be made and will never disappear.
Even if the stance on screening films in cinemas changes, I believe that the expressive content of film itself will remain.

-Is it true that in the entertainment industry, such as film, things often move forward without contracts?

Ideally, a written document would be created, but what happens if it's not possible due to on-site circumstances or the intentions of the parties involved? In such cases, I sometimes advise sending an email outlining the minimum points that you want to remember and getting a clear commitment from the other party. This is evidence management, where even the most important parts are documented to prevent communication errors later on and ensure there is no misunderstanding on both sides.
Also, if there is a possibility that the other party is being intentionally vague, it is important to point out the issue logically, but also to strike a balance so as not to pursue it too much and invite conflict. Rather than brandishing sound arguments and causing a clash, we carefully accumulate the necessary confirmations in a way that the other party cannot say "no." We may also work together to come up with wording to achieve this.

-In other words, the correct answer is not to simply create a perfect contract that covers all matters..

That's right. Even if the wording isn't adopted as the final wording during contract negotiations, I think it's important to record the history, such as "We agreed on this interpretation on this point," as this is an important form of communication. Contracts are essentially meant to prevent future discrepancies, but if you can't read the context when a problem arises, it could develop into a dispute. That's why it's important to properly visualize the process leading up to the conclusion of a contract as needed.

Also, perhaps in a sense this is directly connected to creativity, but I also feel that people with strong ideologies and beliefs are more likely to get into trouble. People tend to always believe they are right, and if they cannot accept the differences in values ​​of others, they will exclude or attack others, leading to conflict. This accumulation ultimately has a negative impact on the work or event itself.
Entertainment is essentially about creating dreams, so I believe that creating an environment where creators can work with a positive attitude and not get exhausted will support their creative motivation and directly contribute to the enjoyment of the work.
Sometimes people try to create tension on set by raising their voices and intimidating others, but I think that's anachronistic. I think that what's required of producers, directors, and those in positions of leadership among staff is to create an environment with a healthy sense of tension through a more sophisticated approach.
In that sense, I feel that my role is to encourage flexibility among those with strong beliefs and to lead them in a better direction through dialogue.

-It's not something that can be managed by law alone, and you also need to appeal to people's mental health, so it seems like a difficult role.

In some cases, the person who started the situation knows that they have said or done something outrageous, but is unable to lower their raised fist. In such cases, we approach the situation together, saying, "Shall we think together about how to lower your fist?" Sometimes the person who "raised their fist" is the person seeking advice, and other times it is the other party. In the case of the other party, I think it is important to think of a scenario that will make it easier for them to "lower their fist," rather than trying to recklessly argue or press them too hard.

Furthermore, even in cases where we have no choice but to conclude that a request would be difficult to get through from a legal standpoint, by carefully unraveling the underlying dissatisfaction and communication with the other party, the parties involved may regain their composure and ultimately have the opportunity to reconsider what happiness means to them.
Of course, I also explain the legal points, but in the end, it's funny to think that the law wasn't used at all to resolve the issue.

- Perhaps the client regained composure just by having someone listen to him, and was able to come to terms with his own situation. In a way, it was like a therapeutic session. I get the feeling that you are not just responding superficially as a lawyer, but are dealing with the client with imagination and compassion.

Even if we are unable to resolve the issue, I want my clients to go home feeling that it was good that we met and talked. As a lawyer who hates conflict, there are many issues that cannot be resolved through legal theory alone when it comes to efforts to fundamentally reduce conflict.

【2025.10.3】

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