Game On: Video Games Considered Art by NY Court

by Amineddoleh & Associates LLC | Apr 14, 2020 | 0 comments

Our founder, Leila A. Amineddoleh, was recently quoted by The Art Newspaper in an article about the application of the First Amendment to video games. A New York judge ruled that the popular video game Call of Duty falls under the category of “art” for purposes of the First Amendment’s protection of freedom of expression. The case may have lasting repercussions in the field of intellectual property. In particular, this decision could help video game designers gain legal recognition and protection for their work. As Leila stated, “When a ruling is handed down it becomes precedent, so this may encourage other video game creators and artists to more aggressively protect their rights because it shows a willingness by the court to recognize this medium as art.”

While this decision may come as a surprise to some, “art” is a broad term that encompasses more than paintings and sculptures. Courts have struggled with defining “art” for over a century. During the 19^th century, some courts used a hierarchy for art which ranged from sculptural and painted works down to ornamental and utilitarian objects. Courts no longer categorize and describe creative works in this way. However, it is a challenge for courts to determine whether something is “art” (and thus protected under the First Amendment) because creative expressions are continuously evolving. Most types of creative expression can be considered art, including non-traditional forms like tattoos and graffiti.

Courts recognize that the First Amendment protects more that political speech and verbal expressions; it is an important tool for the development and protection of art, which has the power to transcend language and is constantly evolving. Visual works range widely in their ideas, concepts, and emotions. Creators, and art market participants, now push the boundaries of what was previously classified as art. Video games fall under this category. They were even the subject of an exhibition at the Victoria & Albert Museum in London and they draw law sums of money as collectors’ items in the marketplace. As noted by The Art Newspaper, game collectors spent more than $100,000 on a “rare Super Mario Bros. game.”

Here at Amineddoleh & Associates LLC, we are proud to represent all members of the creative community, from traditional artists such as painters and sculptors to others including dancers, performance artists, lighting designers, comic book collectors, magicians, and more. We understand that there is no one-size-fits-all approach to art, and we work closely with our clients to determine how best to serve their individual needs. Our successful collaboration with creative individuals and entities is testament to our knowledge and expertise in the fields of art and intellectual property law.