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Op Ed

Yahoo News - Celebrities, Stooges, and 25th-Century Reporters- Are Video Games Art or Merchandise?
These departures from reality an outer-space setting, unusual song choices, a female singer with a male voice seem quintessentially transformative. Not according to the California appellate court, though, which held that Band Hero did nothing more than depict the band members doing exactly what they do as celebrities performing songs. The upshot was that Activision had no first-amendment right to depict images of the band in Band Hero.

The problem with this holding is that, if a movie, rather than a video game, had depicted the band in the same way, the result probably would've been different. Twenty years ago, the hit coming-of-age movie "The Sandlot" told the story of a motley group of boys who played sandlot baseball. One of the main characters was "Michael Palledorous," nicknamed "Squints." The real Michael Polydorous, a former childhood friend of the writer, wasn't amused. Apparently, Polydorous as a kid had looked and dressed like the movie character. Even though the Squints character had a similar look and almost identical name to the real person, the court threw the lawsuit out of court because the movie was obviously a fictional work of art entitled to first-amendment protection.

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10. Re: Op Ed Jun 12, 2014, 22:48 Mad Max RW
 
Once again Cutter has no fucking clue what he's talking about.  
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9. Re: Op Ed Jun 12, 2014, 20:00 jdreyer
 
Cutter wrote on Jun 12, 2014, 18:23:
We're not talking about politics or religion - most of those commissions - or the artist making enough to feed, clothe and shelter themselves. Real artists aren't interested in money beyond it providing them the freedom to express themselves when and how they please. There's a big difference in needing money and another if its your primary motivation. People like Bobby Kodick could care less if they're creating art or not, it's entirely about money. So, as in this case, people like them trying to hide behind the 1st is laughable at best.

I don't disagree, but you're moving the goalposts now. Artists need to eat, or even in the modern day one could argue they need a comfortable salary such that they needn't sacrifice their art in pursuit of a reasonable lifestyle. But the fact that they get paid doesn't make it less artistic. It just means they can eat.
 
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"It's just a bunch of mystic bovine scatology to me." - 1badmf
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8. Re: Op Ed Jun 12, 2014, 18:23 Cutter
 
We're not talking about politics or religion - most of those commissions - or the artist making enough to feed, clothe and shelter themselves. Real artists aren't interested in money beyond it providing them the freedom to express themselves when and how they please. There's a big difference in needing money and another if its your primary motivation. People like Bobby Kodick could care less if they're creating art or not, it's entirely about money. So, as in this case, people like them trying to hide behind the 1st is laughable at best.
 
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"The South will boogie again!" - Disco Stu
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7. Re: Op Ed Jun 12, 2014, 16:15 Dagnamit
 
Cutter wrote on Jun 12, 2014, 16:02:
If it's a commission it's not art IMO. If the intent is to make money, it's not art. As was said so well in Anonymous....

Ben Jonson: Politics? My play has nothing to do with politics. It's just a simple comedy.

Earl of Oxford: It showed your betters as fools who'd go through life barely managing to get food from plate to mouth were it not for the cleverness of their servants. All art is political, Jonson, otherwise it would just be decoration. And all artists have something to say, otherwise they'd make shoes. And you are not a cobbler, are you Jonson?

A commission is a very different thing than making something that is DESIGNED to make money. under that definition, almost all of the paintings, sculptures, etc... produced during the renaissance were not art. That's pretty broad. If the thing itself, (i.e. video game, movie, blah, blah...) is designed to create revenue then it's not art, but certainly a person being paid to create is able to create art, right?
 
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6. Re: Op Ed Jun 12, 2014, 16:07 jdreyer
 
Cutter wrote on Jun 12, 2014, 16:02:
If it's a commission it's not art IMO. If the intent is to make money, it's not art. As was said so well in Anonymous....

Ben Jonson: Politics? My play has nothing to do with politics. It's just a simple comedy.

Earl of Oxford: It showed your betters as fools who'd go through life barely managing to get food from plate to mouth were it not for the cleverness of their servants. All art is political, Jonson, otherwise it would just be decoration. And all artists have something to say, otherwise they'd make shoes. And you are not a cobbler, are you Jonson?

Yes, but Ben Jonson was getting paid, so in fact (according to you) he WAS a cobbler.
 
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"It's just a bunch of mystic bovine scatology to me." - 1badmf
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5. Re: Op Ed Jun 12, 2014, 16:02 Cutter
 
If it's a commission it's not art IMO. If the intent is to make money, it's not art. As was said so well in Anonymous....

Ben Jonson: Politics? My play has nothing to do with politics. It's just a simple comedy.

Earl of Oxford: It showed your betters as fools who'd go through life barely managing to get food from plate to mouth were it not for the cleverness of their servants. All art is political, Jonson, otherwise it would just be decoration. And all artists have something to say, otherwise they'd make shoes. And you are not a cobbler, are you Jonson?
 
Avatar 25394
 
"The South will boogie again!" - Disco Stu
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4. Re: Op Ed Jun 12, 2014, 15:47 jdreyer
 
Cutter wrote on Jun 12, 2014, 12:03:
Games and films are two different things created for two different reasons. One is interactive and the other is passive. Games are designed as entertainment, while films may not necessarily fall into that category. Regardless of either, I think they moment it becomes a commodity and money changing hands is involved then it's merchandise.

Banksy painting a political statement on a wall for free somewhere is art. Actiblizz trying to cash in on musicians is merchandise.

Meh, Mozart and Van Gogh were both commissioned to compose and paint, yet still produced art. Nor do I think that Speiberg's films or Tolkein's novels are less artistic for that reason. I think it's less about the money and more about the intent of the person or people producing it. Of course it's subjective, but Bioshock Infinite is absolutely art IMO. Tetris, probably less so. I would even consider something like BL2 art (esp Dragon's Keep) albeit pop art.
 
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"It's just a bunch of mystic bovine scatology to me." - 1badmf
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3. Re: Op Ed Jun 12, 2014, 15:00 LibertyOrDeath
 
You lost me at Yahoo news.  
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2. Re: Op Ed Jun 12, 2014, 14:58 ForgedReality
 
Hmm... So when a famous art piece sells for $100,000,000, it's no longer art?  
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1. Re: Op Ed Jun 12, 2014, 12:03 Cutter
 
Games and films are two different things created for two different reasons. One is interactive and the other is passive. Games are designed as entertainment, while films may not necessarily fall into that category. Regardless of either, I think they moment it becomes a commodity and money changing hands is involved then it's merchandise.

Banksy painting a political statement on a wall for free somewhere is art. Actiblizz trying to cash in on musicians is merchandise.
 
Avatar 25394
 
"The South will boogie again!" - Disco Stu
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