Japan＊s antitrust watchdog has issued new guidelines to protect artists who are attempting to transfer agencies or go independent.

The guidelines issued by the Japan Fair Trade Commission and the Cabinet Secretariat on Tuesday aim to ensure a fair relationship between artists and talent agencies, and stated that obstructing performers could constitute a violation of the anti-monopoly law and be subject to strict penalties.

※In order for high-quality performances to be delivered, it is important that artists are able to fully demonstrate their abilities,§ the guidelines state. ※To create an environment where such performances can thrive, it is essential for talent agencies and artists to reach mutual understanding and establish an appropriate contractual relationship.§

A JFTC survey conducted last year showed numerous cases in which entertainers were obstructed by their talent agencies when trying to pursue independent careers.

Vague contracts are a common cause of such issues in the industry. The survey found that around 30% of agencies had not clearly explained contract details to their artists.

To help prevent such issues in the future, the guidelines call for key conditions 〞 such as the length of the contract and whether any penalties will apply for early termination 〞 to be clearly laid out at the time the contract is signed.

The guidelines also urge agencies to be thorough when signing contracts with young performers and to make sure the conditions are explained clearly. Performers should also be allowed to consult third parties about the contract.

Additionally, the guidelines state that talent agencies cannot impose restrictions on the use of stage names without reasonable cause. Even in the event a restriction is justified, a performer may still be given approval to use a stage name in certain cases, such as in exchange for a usage fee.

However, a thorough discussion of such matters must be conducted with the performer in advance.

The guidelines also require broadcasters to provide written contracts with talent agencies that clearly specify the salary, details of the work involved, and the number of hours the talent is expected to work on set.

In 2016, actor Rena Nonen was famously forced to change her stage name to Non after going independent, as her former agency claimed ownership of the name she had become widely known for.

In 2019, the JFTC issued a warning to what was then Johnny & Associates for allegedly pressuring broadcasters not to offer work to three former members of the now-disbanded boy band SMAP after they left the agency to pursue independent careers.