Left: Consulter Leo
Center, Right: Responders Igaya, Maruumi
Art Law: Dealing with Difficult Customers (Part 1)
Art Emergency Hotline!
No.004
Art Emergency Hotline provides urgent assistance for distressed artists. Each time, several legal professionals respond to a range of inquiries. The law does not restrict your creative activities, and having the right knowledge can provide vital support.
This installment’s topic is “Dealing with Difficult Customers.” In recent years, the issue of “gallery stalkers”—visitors who attempt to obtain personal information or persistently follow artists—has become more prevalent. While artists want people to appreciate art, handling such behavior remains a challenge. To explore ways of managing difficult customers, we will be joined by Chika Igaya, a journalist who has written about gallery stalkers to discuss effective handling strategies.
Illustration: Kaeko Akaike
Cooperation and supervision: Bengoshi.com
Editor: Yuko Sakamoto
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Leo (Painter)
Hello. To celebrate our graduation from art school, my friends and I have decided to hold our first exhibition at a gallery. However, after hearing from a senior about their experiences—being asked personal questions at the venue or even being persistently followed—I started feeling a bit anxious. I plan to prepare business cards, a profile, and a portfolio alongside my works, but I’m unsure how much personal information I should disclose. Also, how should I respond if visitors ask me personal questions at the venue?
Igaya (Journalist)
Congratulations on your first exhibition! This is an important milestone in your journey as an artist. Naturally, you’ll want to connect with visitors who appreciate and may even purchase your work. However, I strongly advise against casually sharing personal details such as your mobile number, email address, and especially your home or studio address. It might be helpful to ask more experienced seniors how they handle such situations. You may also find yourself being asked personal questions during conversations at the gallery. In such cases, having a gallery staff member or a friend step in can be a good approach. Alternatively, you could avoid answering on the spot, take some time to assess the person’s intentions, and then decide how to respond.
In recent years, behaviors such as prying into an artist’s private life or persistently following them—even to the point of affecting their career—have started to be recognized as a serious issue under the term “gallery stalking.” However, many art schools don’t provide guidance on handling these situations, and awareness of the problem remains insufficient.
Maruumi (Lawyer)
Under the current “Anti-Stalking Act,” stalking is only considered an offense when motivated by romantic or affectionate feelings. Other forms of harassment may fall under “Ordinance on Prevention of Public Nuisance,” but in cases of gallery stalking, these laws may not apply. Even if a legal restriction is imposed under the Anti-Stalking Act, it may not always be effective.
For this reason, it’s crucial to keep your home address private. Although it may seem burdensome, you might consider renting office space to use as your contact address as a precautionary measure.
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Legal terms for this installment
Anti-Stalking Act
A law that regulates and penalizes acts committed with the intent to fulfill romantic or affectionate feelings toward a specific person, or out of resentment when such feelings are unreciprocated. These acts, which may target the individual or their family, are classified as “stalking behaviors or unauthorized acquisition of location information.”
Ordinance on the Prevention of Public Nuisance
An ordinance designed to prevent violent or delinquent behavior that cause significant public disturbance, helping to maintaining the peace and order of residents’ daily lives. However, as of July 2023, crimes such as groping, voyeurism, and illicit photography are no longer covered under this ordinance and are now subject to stricter penalties under national law.
Leo
This time, we present works at a rental gallery, so there won’t be any gallery staff present. Also, renting an office space is out of the question—I’m barely making ends meet with production and exhibition preparations...
Maruumi
That’s understandable. Many people may not have the financial means for that. For example, you could set up a representative email address as your contact point and have a third party handle responses—or even “pretend to be a third party” yourself. The key is to ensure that all communication goes through that channel. It might also help to include a disclaimer in advance, such as “Please note that we may not be able to respond to all inquiries.” The important thing is to keep your professional and private matters separate and handle interactions in a business-like manner. Also, never be alone in the gallery—always have at least one other person with you. This is essential for security.
Leo
But wouldn’t responding in a business-like manner seem rude to people who buy my work? They’ve taken an interest in me, and I’d hate to lose a valuable opportunity because of that...
Maruumi
Being professional doesn’t mean being dismissive. The art world has its complexities. A work of art is valued not just as an object but also for the artist’s background, context, and the elements surrounding it. This can include both inner qualities and external factors like youth and appearance. Many successful artists promote not only their work but also their personal brand. You’ll need to think about how to position yourself and develop a strategy for self-promotion.
Igaya
That being said, it’s difficult for someone just starting out to have a fully professional mindset, and I completely understand not wanting to alienate someone who has purchased your work. What’s important to remember is that feelings of admiration can gradually turn into obsession and escalate—often without the person even realizing it. If something feels “off” or “unsafe,” it’s crucial to voice those concerns. Clearly defining what constitutes “gallery stalking” and sharing that understanding with others will help everyone recognize and address the issue.
Maruumi
In the event of actual harm, it is not possible to directly prove the perpetrator’s “subjective intent” or “purpose,” which are required elements under the Anti-Stalking Act. Instead, the law determines whether actions meet the criteria of “acts performed to satisfy romantic feelings” based on objective facts. This is done by “inferring” the person’s “subjective intent” or “purpose” from the content and frequency of their actions. In this process, evidence is crucial. For example, rather than deleting disturbing messages from social media, it’s better to keep them as records. Keeping a diary of incidents can also be useful.
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Legal term of this installment
Inference/presumption
By synthesizing indirect facts established through evidence and based on what is already known, it is the act of deducing and recognizing that something is likely to be true.
Igaya
Some galleries, as well as major art universities and faculties, have begun implementing policies prohibiting the collection of personal information from artists or taking them out under false pretenses during exhibitions. It may be helpful to use these as references and establish precautionary guidelines for the gallery, ensuring that visitors acknowledge and agree to them in advance.
Leo
I see. So, handling personal information through a designated representative, never being alone in the gallery, and presenting precautionary guidelines in advance—got it. I’ll refer to the rules used by senior artists and university art festivals for guidance!
One more thing. I’ve heard about some real incidents from multiple people. If you have any advice on how to handle them, I’d appreciate hearing it.
In Part 2, let’s explore how to handle specific cases.
Tokyo Support Center for the Arts and Culture ARTNOTO
Tokyo Support Center for the Arts and Culture ARTNOTO serves as a platform to support a wide range of artists and cultural practitioners working in Tokyo, helping them to sustain their activities and pursue new endeavors. It provides comprehensive support, mainly online, and across three core functions: a consultation service that responds to problems and concerns, in cooperation with specialists; an information hub, for the delivery of useful information; and our school, which shares essential knowledge and skills with practitioners.
“I want to know about public subsidies and private grants available for arts and cultural activities.”
“I don't fully understand the concept of copyright.”
“I'd like to consult someone about harassment.”
“I need advice on how to keep my organization's activities going”, etc.
Depending on the nature of the inquiry, we may connect you to an appropriate organization or introduce you to external specialists, such as lawyers, if needed.
https://artnoto.jp/eng/
Japan Legal Support Center – Houterasu
A government-established comprehensive information center where you can access legal information and services online 24/7 to help resolve legal issues.
https://www.houterasu.or.jp/site/english/abouthouterasu.html
Arts and Law
Arts and Law (AL) is a non-profit voluntary organization dedicated to planning and implementing support programs for artistic, cultural, and creative endeavors. These programs include a free consultation service, facilitated by qualified professionals such as lawyers, patent attorneys, and accountants.
https://www.arts-law.org (in Japanese)
Bengo4.com (Bengoshi.com)
“Bengoshi.com” offers a variety of services to assist in resolving legal troubles, including “Legal Consultation for Everyone,” a free legal consultation service, and “Lawyer search,” which allows you to find lawyers and law firms by region and specialty.
https://www.bengo4.com/corporate/en/service/bengo4/