This just solved a long-running debate. Are video games considered art? According to a New York court, yes.
While conducting a legal court session for a case between Activision and carmaker AM General, District Judge George B. Daniels also wrote in his ruling that the game’s inclusion of Humvees, which have been used by the US Department of Defense since 1983 and are a universally recognized symbol of the American military, further enhances the realism of the game.
“If realism is an artistic goal, then the presence in modern warfare games of vehicles employed by actual militaries undoubtedly furthers that goal,” he wrote, granting Activision’s request for summary judgement.
The presence of the vehicles in the game is protected as an “‘integral element’ of artistic expression rather than a willful attempt to garnish the trademark owner’s goodwill for profit,” he ruled, quoting an earlier ruling protecting the use of trademarks in works of art.
“When a ruling is handed down it becomes precedent,” intellectual property lawyer Leila Amineddoleh told the Art Newspaper. “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.”