Question from a reader:
Please tell me about the new AV law. If a performer applies for contract termination within one year of signing, can the production side demand the return of their compensation?

About the New AV Law and Compensation Claims After Contract Termination

Recently, the laws regarding the AV (adult video) industry have been revised, particularly drawing attention to new
regulations aimed at protecting the rights of performers, commonly referred to as the “new AV law.” I would like to consider how this law functions and what its implications are, particularly regarding the question of whether the production side can demand the return of compensation if a performer applies for contract termination within one year of signing.

Background of the New AV Law

The revision of the law stems from the issue that performers’ rights in the AV industry were not adequately protected. Many performers signed contracts without fully understanding the terms, and it was not uncommon for disputes to arise after signing. To improve such situations, the new AV law was enacted. This law guarantees clearer rights for performers, particularly establishing rules regarding contract termination. As a result, performers now have the right to review their contracts at their discretion. However, whether the production side can claim the return of compensation after a contract termination must be carefully considered from a legal perspective.

Conditions for Contract Termination

Under the new AV law, performers can apply for contract termination within one year of signing the contract. In this case, the performer has the right to dissolve the contract at their discretion. However, if the contract is terminated, can the production side indeed demand the return of compensation? From a legal standpoint, the return of compensation upon contract termination largely depends on the contents of the contract. Specifically, whether there is a clause regarding “the return of compensation upon contract termination” included in the contract between the performer and the production side is a crucial point. If such a clause exists, the production side can demand the return of compensation due to the termination. On the other hand, if this clause is absent, it becomes difficult to request the return of compensation. This is because, under Japanese civil law, one cannot unilaterally hold the other party responsible for matters not agreed upon in the contract.

Specific Scenarios

Let’s consider a specific scenario. For instance, suppose a young performer debuts in the AV industry. Assume that the contract does not explicitly include a “return of compensation upon contract termination” clause, and the performer applies for contract termination within one year. In this case, the production side cannot legally demand the return of compensation. Conversely, if the contract included a “return of compensation upon contract termination” clause under the same circumstances, the production side would be able to demand the return of compensation from the performer. Performers must understand the importance of thoroughly reviewing the contract details beforehand.

Psychological Aspects and Understanding Contracts

I would also like to explore this from a psychological perspective. Accurately understanding the contract terms can contribute to the psychological comfort of performers. When signing a contract, if there are many unclear points, it inevitably leads to anxiety during the signing process. Young performers, in particular, often lack knowledge about industry practices and laws. In my studies of psychology, I have realized that “anxiety dulls judgment.” If performers can understand the contract, they can gain confidence in protecting their rights. Conversely, insufficient understanding of the contract terms increases the likelihood of future disputes.

Future Outlook

The new AV law has the potential to transform the entire industry. With the protection of performers’ rights, we hope for fairer transactions. However, for the law to function effectively, it is essential to create well-structured contracts, and the entire industry must focus on this aspect. Additionally, it is important for performers themselves to deepen their knowledge about contracts and learn about the law. By understanding the law, they can appropriately exercise their rights, ultimately enabling them to work in a better environment. This is likely the goal of the new AV law.

Conclusion

Regarding contract termination under the new AV law, whether the production side can demand the return of compensation if a performer applies for contract termination within one year largely depends on the contents of the contract. It is crucial for performers to fully understand the terms when entering into a contract and to prepare to protect their rights. Let us not forget that the law is meant to protect the rights of performers, and we look forward to future changes in the industry. Performers should also strive to understand their rights clearly and make better choices. This is my perspective on the new AV law.