Purpose of petition - Click here for our petition page in Japanese.

In order to restore Shibuya Neko Hariko, which has been altered without permission to appear entirely different, and to bring it back to its original form, we request Mitsui Fudosan Co., Ltd., the owner of the work, to undertake the following actions:

・Promptly return the work to the author.
・Return the ownership of the work—that has been stored in the owner’s warehouse with its unauthorized alterations and has become a worthless artefact—to the author.

Left: Shibuya Neko Hariko on display before the alteration. (Photo: Taro Tanaka)
Right: The work on display after the alteration. (Photo: Akira Yoshida)

Overview

In August 2019, the artist, Akira Yoshida, was commissioned by Bakeru Co., Ltd. (“BAKERU”, known as Tokyo Pistol Co., Ltd. at the time) to create a work to be installed in SOAK within sequence MIYASHITA PARK, a hotel scheduled to open the following year as part of the Shibuya Shin Miyashita Park development project. The work was completed in April 2020 and installed as Shibuya Neko Hariko.

The work was created using a maneki neko (beckoning cat) as the motif, with the hope that it would form a pair with Shibuya’s symbol, the Hachiko statue. The work combines traditional Japanese motifs such as the Hinomaru flag and kesho mawashi (a sumo wrestler’s ceremonial apron) with contemporary forms, and also carries the word “Shibuya” on its back.

After the opening of SOAK, Shibuya Neko Hariko was frequently used to promote the bar, including in many interviews from the media.

However, on September 2, 2022, we noticed in a post on SOAK’s Instagram account that the work was on display with drastic changes to its appearance.

Surprised, we contacted BAKERU and were abruptly notified that they no longer manage SOAK and had transferred the business to MOTHER Entertainment Inc. ("MOTHER Entertainment").

Subsequent investigation led both Mitsui Fudosan and MOTHER Entertainment to respond that the work was altered by the new management company, MOTHER Entertainment with the permission of the owner of the work, Mitsui Fudosan.

When Shibuya Neko Hariko was created, we entered into an Agreement Relating to the Production of Copyrightable Work with Mitsui Fudosan and BAKERU (Tokyo Pistol Co., Ltd. at the time). Due to confidentiality obligations, we will not be discussing the specifics of the Agreement here. However, the rights of Akira Yoshida who is the author, are clearly outlined in the Agreement. The fact that Mitsui Fudosan approved the alteration of the work without the author’s permission is clearly in breach of the Agreement.

In further violation of the Agreement, Mitsui Fudosan removed the altered work without the artist's approval. We believe the Shibuya Neko Hariko continues to be hidden within the owner’s warehouse in Chiba Prefecture in its altered state, roughly six months after the incident.

We understand the alterations were made by applying wrapping film to conceal the work signed by the artist on the back and the entire pedestal where the nameplate with the artist’s name and the name of the work was located. We also learned that the adhesive employed was 3M DI-NOC Primer, which is a powerful bonding agent for more permanent use, rather than for temporary wrapping that is designed to be removed.

From the beginning of the incident to the present, our first priority has been to repair the damaged Shibuya Neko Hariko, restore it to its original state, and prepare it for public viewing again. To achieve this, the work needs to be returned to the author. Accordingly, rather than engaging in a dispute with MOTHER Entertainment which directly committed the copyright infringement, we decided to first discuss the matter with Mitsui Fudosan, the owner of the work.

We have continued to negotiate with Mitsui Fudosan, seeking their cooperation to restore the work to its original condition and reinstall it for public viewing and re-exhibition. Initially, Mitsui Fudosan accepted a certain degree of responsibility for the alteration of the work and expressed a willingness to cooperate with the artist. However, they later went back on their word and announced that a reinstallation would be problematic. They even informed us that there has been much discussion within the company about whether the work needs to be repaired if it is not going to be reinstalled.

The 3M DI-NOC Primer that was used for the alteration has the property of becoming more adhesive over time. Thus, the repair of the work a matter of urgency. At the end of negotiations, we reluctantly decided to accept Mitsui Fudosan’ s refusal to cooperate with the reinstallation. We also decided to accept the condition that the artist’s team will seek out a venue where the work can be reinstalled.

In order to repair the work as soon as possible, and to find a place for re-exhibition and public display, the artist offered to personally travel to the distant warehouse where the work was hidden. And we requested to retrieve the work immediately after verifying and documenting the damage to it on the spot. However, Mitsui Fudosan rejected our proposal to document the damage and retrieve the work immediately.

We had complied with their request and proceeded accordingly. If they refuse to allow us to take action, there is no viable solution to the problem. At this point the negotiations broke down.

Being mentally backed into a corner, we held desperate discussions to think through what was most important to us.

During the negotiation period, another client, who knew nothing about the incident, came up with a plan to showcase photographs of Shibuya Neko Hariko. As the copyright holder of the work, it is Akira Yoshida’s legitimate right to publish photographs of his work. However, in light of our discussions regarding the work, we asked Mitsui Fudosan for their opinion on the publication. We were astounded by their response. They requested us to hide the circumstances surrounding the work from our longtime client, to tell them only that the work could no longer be exhibited due to the owner’s wishes, and to reject the publication of photos of the work.

Through his work, Akira Yoshida has been exploring the theme of exposing the darkness, contradictions, and problems that lurk in contemporary society. With this in mind, we decided to present the facts as we could not bear to have them covered up, and felt compelled to preserve the series of events and make them known to society. We are prepared to face the consequences of our actions.

Japanese tweets regarding this incident, which were first published on February 23, 2023 received an incredible response, with the total number of views exceeding 2.5 million. Each and every comment we receive is a source of inspiration and strength. We extend our heartfelt thanks to all of you.

For a more detailed account of the incident, please see the article linked below.
(You may experience difficulty accessing the site due to the high volume of visitors).

English translation of the article released on Februay 23, 2023.
https: //yukari-art.jp/en/news-en/37007/

Once we succeed in rescuing and restoring Shibuya Neko Hariko thanks to your signatures, we would like to donate it to someone who loves the work and will display it with care.

To present you with the revived Shibuya Neko Hariko. That is the only way we can thank you for your support.

We need your help—please sign our petition!

Akira Yoshida, Artist
Yukari Mitsuma, Representitive / Director, YUKARI ART

P.S. We would like to express our sincere gratitude to the Change.org platform.

 

Shibuya Neko Hariko immediately after installation. (Photo: Taro Tanaka)

 

#SaveShibuyaNekoHariko #ShibuyaNekoHariko #AkiraYoshida #YoshidaAkira