KODAI KIMURA

Partner

Kodai Kimura

Attorney-at-law in Japan, 2007
Attorney-at-law in New York, 2015
Attorney-at-law in Washington D.C., 2022
Registered Foreign Lawyer, Singapore International Commercial Court (SICC), June 2015-August 2020

Kodai Kimura has focused on intellectual property from day one of his career, and currently works with a large number of contracts, legal advice and disputes in the fine art and music industries based on his experience at Universal Music LLC, as well as IP litigations.

He also handles the drafting and review of English-language contracts based on his experience of having studied in New York and having worked in Singapore as a foreign legal adviser. He provides foreign clients with legal opinions in English involving complex regulations under Japanese laws.

As an art lawyer, Mr. Kimura advises artists, art galleries, art related start-ups, curators, art consultants, collectors, and various companies involved in art projects, and has contributed articles to reputable media outlets such as Bijutsutecho and Tokyo Art Beat under the slogan “Toward establishing Art Law in Japan”.

Background

Mar. 2005
Bachelor of Laws (LL.B.), Keio University
Sep. 2007
Legal Training and Research Institute of the Supreme Court of Japan
Sep. 2007
Yuasa and Hara (-July 2017)
Feb. 2013
Legal Intern, Danziger, Danziger & Muro, LLP, New York (-May 2013)
May. 2013
Master of Laws (LL.M.) in Intellectual Property with Dean’s Merit Scholarship, Benjamin N. Cardozo School of Law, Yeshiva University
May. 2013
Certificate in Art Business, Christie’s Education, New York
Aug. 2013
Foreign Legal Advisor, Kelvin Chia Partnership, Singapore (-September 2014)
Apr. 2015
Part-time Lecturer (“Arts and Culture as Intellectual Property II”), Graduate School of Design, Kyushu University (-March 2022)
Jul. 2015
Graduate Certificate in Intellectual Property Law, IP Academy & Faculty of Law, National University of Singapore
Mar. 2016
Legal Intern (seconded through the Internship Program jointly organized by the Japan Federation of Bar Associations & the Law Society of Hong Kong), Fred Kan & Co., Hong Kong (-March 2016)
Nov. 2016
Part-time Counsel Attorney, Universal Music LLC (Legal and Business Affairs) (-Present)
Aug. 2017
Kobayashi & Yugeta Law Office
Sep. 2019
Diploma in Art Law, Institute of Art and Law, UK
Jul. 2020
Legal Advisor, Startbahn, Inc. (-Present)
Apr. 2024
Part-time Lecturer (“Intellectual Property from a Global Perspective “), Master of Laws (LL.M.) in Global Legal Practice, Keio University Law School

Publications

    – Co-Author, YouTube Complete Manual, 4th Edition, Shuwa System, September 2024
    – Series: Basic Knowledge of Art and Law – A Guide to Art and Inheritance Tax, Bijutsutecho, August 25, 2024
    – Series: Basic Knowledge of Art and Law – Can Patents be Used in Contemporary Art? From ‘Sketch Town’ to ‘Method and Apparatus for Finding Love,’ Bijutsutecho, April 7, 2024
    – Series: Basic Knowledge of Art and Law – Moral Rights of the Author that Artists Should Know, Bijutsutecho, February 18, 2024
    – Co-Author,History of Design and Design Law: An International and Interdisciplinary Perspective, Springer, Singapore, April 2022
    – Co-Author, Japanese Design Law and Practice, Wolters Kluwer, December 2020
    – Present and Future of Artist’s Resale Right in Japan, Aura Contemporary Art Foundation, November 28, 2020
    – Photo Copyright –The distance between “similar” and “infringement” under Japanese Copyright Law, Forbes JAPAN, November 19, 2020
    – Series:Art Law, Interpretation of Contracts by Courts-The Tokyo District Court Judgment of the Hiroshi Senju Case, Bijutsutecho, October 24, 2020
    – Series: Art Law, What is the Preferred Model for Cultural Policy in Japan according to the Current Worldwide Situation?, Bijutsutecho, August 23, 2020
    – Series: Art Law, What is the “Artist’s Resale Right” that does not exist in Japan? -Mechanism and Significance, Bijutsutecho, June 14, 2020
    – Series: Art Law, Severed Damien Hirst’s Spot Painting –ALegal Perspective,Bijutsutecho, May 9, 2020
    – Series: Art Law, Legal Issues facing Collectors –Interview with Charles Danziger–An Art Lawyer in New York, Bijutsutecho, April 19, 2020
    – Contemporary Art and Fair Use, Kohkoku Vol 414, Hakuhodo, March 26, 2020
    – Series: Art Law, The Complex System of Art Auctions–What is the Secret under “Chandelier”?, Bijutsutecho, March 7, 2020
    – Series: Art Law, Rules for Using Public Art, Bijutsutecho, January 22, 2020
    – Series: Art Law, The Basics of Contracts You Should Know, Bijutsutecho, December 29, 2019
    – Series: Art Law, Where is the Line between Legal and Illegal?-Appropriation in Contemporary Art, Bijutsutecho, December 22, 2019
    – Series: Art Law, What is Originality of Contemporary Art? -“Readymade” from the perspective of Copyright Law (2), Bijutsutecho, September 23, 2019
    – Series: Art Law, What is Originality of Contemporary Art? -“Readymade” from the perspective of Copyright Law (1), Bijutsutecho, July 6, 2019
    – Co-Author, Overview of Field Research on the Taiwan Intellectual Property Regime (Joint Research by the Japan Federation of Bar Associations, Committee on Intellectual　Property Rights & the Intellectual Property Lawyers Network Japan), Chizai Prism No. 196, January 2019, p.43
    – Co-Author, Overview of Field Research on the Vietnam Intellectual Property Regime (Joint Research by the Japan Federation of Bar Associations, Committee on Intellectual Property Rights & the Intellectual Property Lawyers Network Japan), Chizai Prism No. 185, February 2018, p.1
    – Translation, Sarah Burstein, The Standard Criticism of U.S. Design Patents, Special Issue of Japanese Society for the Science of Design, Vol. 25-2, No.98, October 2017, p.84
    – Falling in Love in a Foreign Country, Lexology, Globe Business Media Group, April 5, 2017
    – Co-Author, Overview of Field Research on the Singapore Intellectual Property Regime (Joint Research by the Japan Federation of Bar Associations, Committee on Intellectual Property Rights & the Intellectual Property Lawyers Network Japan), Chizai Prism No. 172, January 2017, p.1
    – Product Design Protection in Singapore – A Model Enhancing Incentives for Design Registration, The Legal System of Design Protection: Current Situation and Issues through the Perspective of Jurists and Designers, Nippon Hyoron Sha Co., Ltd., December 20, 2016, p.167
    – Is a TRIPP TRAPP High Chair Really Copyrighted Work? – Aiming towards a deeper interpretation of “within the artistic domain” –, Patent, Vol. 69, No.7, May 2016, p.94
    – Smaller World, Center for Art Law, March 30, 2016
    – MINE, YOURS OR OURS? – cutting edge copyright issue for hairdresser & photographer, Lexology, Globe Business Media Group, March 10, 2016
    – An Old Fashioned Arch, Lexology, Globe Business Media Group, January 15, 2016
    – Is This Just a Chair or Not?, Lexology, Globe Business Media Group, July 9, 2015
    – Co-Author, Introduction of Thai Law Practice, Lexis AS ONE Business Issues, June 2015 – July 2016
    – Substantial Similarity of Photographic works under the U.S. Copyright Law – Harney v. Sony Pictures TV, Inc. -, Kokusai Shoji Houmu, Vol. 43, No.6, June 2015, p.930
    – Generous Intellectual Property Regime in Singapore for Parallel Import of Genuine Goods, Patent News, No. 13885, Research Institute of Economy, Trade and Industry, January 23, 2015
    – Invitation to Intellectual Property Law of Singapore – a Comparison with Japanese Laws, Tokugikon, No. 275, November 2014, p.34
    – The Reality of Singapore – the Hub of Southeast Asia, Agrospacia, January 2014 – October 2014
    – Enforcement of the Singapore Personal Data Protection Act – Focusing on Japanese Companies, AsiaX, Vol. 263, August 18, 2014
    – Walking around the Orchard Talking about Brand Protection in Singapore, AsiaX, Vol. 259, June 16, 2014
    – The Consumer Protection Act in Singapore, Lemon Law, AsiaX, Vol.251, February 17, 2014
    – Approach of the Singapore Copyright Act for Industrial Design, AsiaX, Vol. 243, October 7, 2013
    – The Forefront of Fashion Laws in Japan and the U.S. by Kodai & Charles (3)-Monopoly of a Single Color -Louboutin’s Red Sole, Senken Shimbun, November 18, 2013
    – The Forefront of Fashion Laws in Japan and the U.S. by Kodai & Charles (2)-Sales of Counterfeit Goods in Online Shopping Malls –Are Rakuten and eBay Responsible?, Senken Shimbun, November 15, 2013
    – The Forefront of Fashion Laws in Japan and the U.S. by Kodai & Charles (1)-Legal Protection for Apparel Designs in Japan but not in the U.S. -Is a Jovani dress a copyrighted work?, Senken Shimbun, November 14, 2013
    – Can YouTube Reach the Safe Harbor? – Viacom v. YouTube Copyright Infringement Lawsuit Second Circuit Decision, Kokusai Shoji Houmu, Vol. 40, No.9, September 2012, p.1438
    – Significance of Copyright Requirements for Authorship and Fixation as Questioned by Wildflower Works – Chapman Kelley v. Chicago Park District, Kokusai Shoji Houmu, Vol. 39, No.10, October 2011, p.1512
    – Preliminary Injunction Standard and Limits of Fair Use on Parody created by the Sequel of the Catcher in the Rye- Salinger v. Colting, Kokusai Shoji Houmu, Vol. 38, No.10, October 2010, p.1454
    – Function of Fair Use in the Digital Era – A.V. v. IPARADIGMS, LLC, Kokusai Shoji Houmu, Vol. 37, No.12, December 2009, p.1692
    – Interpretation regarding a Patent Assignment Clause – DDB TECHNOLOGIES, L.L.C., v. MLB ADVANCED MEDIA, L.P., Kokusai Shoji Houmu, Vol. 37, No.2, February 2009, p.242
    – Co-Author, Q&A Practices in Prevention and Response to Intellectual Property Troubles, Shinnippon-Hoki, 2006

Speaking Engagements

    – 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
    – The Use of Art Archives and the Concept of Copyright, Tama Art University Art Archives Center Symposium, December 2023
    – Museum Management and Copyright – from the display of paintings and sculptures to NFT art, the Japan Association of Art Museums, November 2023
    – 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
    – Copyright and Contracts for Web Creators, contents.nagoya 2019, Nagoya, July 2019
    – The Role of Lead Counsel and Practice on Handling Employee Invention in Southeast Asia, Takino, Kawasaki & Associates, Tokyo, June 2019
    – Rights for Creators, Born Digital, Inc., Tokyo, October 2018
    – Copyright Basics for Art Management, Aoyama Gakuin University, Tokyo, August 2016
    – Practice on Handling Employee Invention in Southeast Asia, Yuasa and Hara, Tokyo, February 2016
    – Comparison of ASEAN Labor Laws and Tips for Understanding Practical Solutions, ASEAN-Japan Centre, Tokyo, August 2014
    – The Latest Map on Indonesian Legal Services – Investment Regulations and Legal Issues on Business Development, Nikkan Kogyo Shimbun Ltd. (Business & Technology Daily News), Tokyo, July 2014
    – ASEAN Investment Seminar 2014 – The Latest Information regarding the Laws of Singapore Vietnam, and Indonesia, Kelvin Chia Partnership and Yuasa and Hara, Tokyo, July 2014
    – The Current Situation of Legal Services for ASEAN Investment – Singapore, Vietnam, and Indonesia, Fukuoka, July 2014
    – Singapore Civil Litigation Seminar – Basic Systems and Practical Points You Should Know for Better Handling, Kelvin Chia Partnership, Singapore, March 2014
    – Business Development by Japanese Companies in Southeast Asia and Examples of Legal Risk Management – from Employment issues to IP Disputes in Singapore and Vietnam, Okinawa General Bureau and Japan Patent Office, Okinawa, February 2014
    – Seminar on the Singapore Employment Act, Cicom Brains Asia and Kelvin Chia Partnership, Singapore, December 2013

Associations

    – Daiichi Tokyo Bar Association
    – Member, the Copyright Law Association of Japan
    – Member, South East Asian IP Network of Japanese Commerce and Industry
    – International Business Advisor, Organization for Small & Medium Enterprises and Regional Innovation, JAPAN (SME Support, JAPAN)(April 2015-March 2020)
    – Member, Intellectual Property Lawyers Network Japan (July 2015-present)
    – Co-Chair, Benjamin N. Cardozo School of Law, Japan Alumni Club(August 2015-present)
    – Member, Inter-Pacific Bar Association (IPBA)(October 2015-present)
    – Hong Kong International Arbitration Centre (HKIAC) HK45(December 2015-present)
    – Singapore International Arbitration Centre (SIAC) YSIAC(December 2015-present)
    – Anti-Counterfeit Advisor, Japan Institute for Promoting Invention and Innovation (April 2016-March 2017)
    – Support Agencies for Business Innovation, the Small and Medium Enterprise Agency(April 2017-present)
    – Member, the Japan Association for Cultural Policy Research(July 2017-present)
    – Member, International Exchange Committee, Daiichi Tokyo Bar Association (April 2018-present)
    – Member, The International Art Market Studies Association (TIAMSA)（August 2019-August 2021）
    – Registered Expert, IP Acceleration program for Startups (IPAS), Japan Patent Office (2019-present)
    – Certified Agent, Japan Professional Baseball Players Association (February 2020-September 2022)
    – Official Columnist, Forbes JAPAN (November 2020-present)
    – Auditor, Kinan Art Week Executive Committee (2021-present)

Professional Honors

    – February 2021 / Benjamin N. Cardozo School of Law, #CardozoLeader(in Fashion, Arts, Media, and Entertainment law)
    – February 2012 / Benjamin N. Cardozo School of Law, Dean’s Merit Scholar

Media Appearances

    – 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, Torrent Digital: What New Technologies Have Brought Us, Yomiuri Shimbun Archive, 2022
    – Interview with Etsuko Ichihara, “Etsuko Ichihara’s Serial ‘Artists’ Survival Techniques: Ask Lawyer Kodai Kimura for Legal Knowledge You Can Use Immediately,” Bijutsutecho, August 13, 2022
    – Interview, “Basic copyright knowledge you should keep in mind now that the creator economy is getting attention,” BUSINESS CLASS, May 12, 2022
    – Commented, Eiichiro Funakoshi’s mistress, actress Moeko Matsushita, is questioned about allegations of copyright infringement, and her website is unavailable, Shukan Bunshun, January 20, 2022
    – Commented, Hiroshima Airport Monument Relocation Study, Aftermath of Parking Lot Construction, Artists Regretful, Chugoku Shimbun Morning Edition, December 12, 2021
    – Commented, Torrent Digital ‘Genuine’ Endorsement: Soaring Art, Yomiuri Shimbun Morning Edition, December 7, 2021
    – Commented, Thinking about the ‘unofficial series’ without the artist from Banksy’s point of view. The artist has no right to participate in the exhibition, Bijutsutecho, September 21, 2021
    – Commented, Legal Rules for Art Colloctors, SIGNATURE, June 2021 issue, May 1, 2021, p. 34.
    – Commented, As Givenchy Campaign Stars Style Themselves, Questions of Authorship and Ownership Abound, THE FASHION LAW, February 3, 2021
    – Commented, Blockchain x Art: More Tech Start-Ups Disrupting The Art Market,Art & Counsel, January 8, 2021
    – Commented, Using Copyright as Leverage, Japan Sports Council Refuges to Pay Zaha Hadid, Clancco, January 20, 2016

Research Projects

– Research Collaborator, Design Creation by Artificial Intelligence (AI) and Legal Protection – Including Changes in the Concept of Design -, Grant-in-Aid for Scientific Research (B) (April 2021 – March 2025)
– Research Collaborator, International Harmonization of Design Protection – Global Design Protection Based on Creative Realities, Grant-in-Aid for Scientific Research (B) (April 2017 – March 2021)
– Research Collaborator, Towards harmonization of design protection – through the perspective of the harmonization of creative activity and legal protection -, Grant-in-Aid for Scientific Research (B) (April 2014 – March 2017)

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)