Wait, Did Call of Duty Just Prove That Video Games Are Artwork?

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  • The house owners of the Humvee model sued Call of Duty creator Activision in 2017.
  • This go well with has surrounded the use of the vehicles in Trendy Warfare titles.
  • Activision simply gained the lawsuit, which means that Call of Duty could have been the unlikely title to show definitively that video video games are artwork.

Avid gamers have argued for many years that video video games are a sound artwork kind. Because of a current lawsuit, we now have definitive authorized proof that we had been proper all alongside. And from the unlikeliest of sources: Call of Duty.

Based on a current ruling by New York Decide George B. Daniels, the First Modification protects Call of Duty’s proper to make use of a trademarked identify in an inventive work.

If realism is an inventive purpose, then the presence in trendy warfare video games of autos employed by precise militaries undoubtedly furthers that purpose.

It seems to me just like the argument is lastly settled. Hopefully, this ruling will silence the critics who hold reigniting these silly debates.

It looks like the use of Humvees in future Call of Duty: Trendy Warfare titles is just about secured at this stage. | Supply: Activision

Call of Duty Just Did Gaming a Large Favor

It’s a bit hilarious that of all of the franchises that might function proof that video video games are artwork, Call of Duty was the one which lastly defended that authorized definition.

Again in 2011, the U.S. “officially” designated games as art by allowing them to apply for art grants. But that designation hadn’t been defended by a video game publisher in a court of law.

This appears to be the first lawsuit where that artistic protection has been tested for a specific game and licensing dispute, rather than a designation broadly applied to games as a whole. Such was the case in the landmark Brown vs. EMA Supreme Court ruling.

At face value, it might not seem like a big deal that Activision won the right to include Humvees in Call of Duty titles without licensing the brand name. But the precedent this sets has the potential to change game development for the better.

Making Games Just Got a Little Less Stressful

One reason that this Call of Duty ruling is so important is that it affects how developers make games. It makes it much easier to add real-world items to your games without fearing you’ll be sued by the company that owns them.

If Call of Duty can get away with using Humvees because it furthers the artistic goal of realism, then the same is surely true of many other items that make a title more realistic. Imagine not having to go through a game set in the modern-day with a bunch of fake-sounding products spread about the place.

That day won’t come immediately. This new legal precedent will not affect games currently being made. At least not those in their late stages of production.

But I bet this ruling makes developers feel a little more emboldened to reference real-world brands in their future games.

Disclaimer: The opinions expressed in this article do not necessarily reflect the views of CCN.com.

This article was edited by Josiah Wilmoth.



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