New question: Games VS Art

What is all the hub-bub about whether games ARE ART?  Sure, a painting by a Renaissance artist dead 300 years ago may sell for tens of millions; but a videogame made by living graphic artists sold hundreds of millions(COD)… in the first day.  Imagine what it could go for in the 24th century?  (OK, maybe that’s stretching it… but I still have a new Dreamcast in the box… and no you can’t have it.)

All the arguments on the net center around whether games are art, so as to be protectible.  Mind you, I’ve been to my share of galleries in my time, but I looked around at the numbers… and it would be hard to get together a 16×16 scramble match on a battlefield.  And thus the litmus test of videogames, is whether it’s art?  So I agree it’s important, but is it relevant, or the correct question, as to whether videogames are protectible speech? 

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Here’s some links to good discussions by smart people, near the point but not quite making the point I’m encouraging.  Read them (after the jump) and I”ll finish with my own commentary.

Kill Ten Rats blog.  (Real art.  For comparison’s purpose and because it’s my blog).
 
Art History of Video Games  (Great presentation on a recent seminar of this topic).

Harvard article on copyright (protection as “useful arts”)
 
Wired Article about controversial Columbine RPG  (should offensive games be protected)
 
Gamasutra article; “Persuasive Games free speech?” 

Games vs Art discussion, On Importance.corante  (Older article, but very close to the heart of my argument.  Especially enjoyed the commentary by Greg Costikyan, “Rothko vs. Pong: If painter Rothko’s minimalism can be protected, why not Pong?”)

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I’m hopeful a good decision will come out of the Supreme Court case.  At least it’s given a lot of media attention to the game industry, both good and bad.  But I’ve only been trying to point out the discussion should center around “useful arts” and not the word “art”, or the topic “art”, or whether a videogame is “artful” or “artistic”.  From Chess to Mancala, Mastermind and Candyland; then later Pong, RBI Baseball, Mortal Kombat, Grand Theft Auto and World of Warcraft, the “art” is just a tangential part of the cerebral joy that is a good game.  And it’s not about makes games art, it’s about making games.

Jay Moffitt is a Tennessee attorney. This blog is for entertainment and educational purposes only and does not consitute legal advice or create an attorney/client relationship. Jay Moffitt is not certified as a specialist in this area by Tennessee and Tennessee does not certify specialists in this practice area. All comments will be answered promptly and courteously as long as they are germane to the discussion and do not contain specific game names or incidents

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