[This post was co-authored by FMC Communications Intern Scott Oranburg]
This morning, the U.S. Supreme Court made its decision in the case Brown v. Entertainment Merchants Association, deeming a California law unconstitutional that aimed to prohibit the sale of violent video games to anyone under the age of 18. We at FMC are pleased with this ruling, although you may initially be scratching your head as to why we would care about this issue. read more
Washington, D.C.— Future of Music Coalition (FMC), a national non-profit research, education and advocacy organization for musicians, commends today’s Supreme Court decision in Brown v. Entertainment Merchants Association, which invalidates a California statute prohibiting the sale or rental of violent video games to minors.
Media Access Project (MAP) filed an amici curiaebrief on behalf of arts organizations Future of Music Coalition, the National Association of Media Arts and Culture and Fractured Atlas. The brief argued that the broadly-defined California law was too vague and would have caused economic and expressive harm to independent creators.
The following statement can be attributed to FMC Deputy Director Casey Rae-Hunter: read more
[This post was co-authored by FMC policy counsel Christopher Naoum]
Another win for the good guys! Last week, the United States Court of Appeals of the Second Circuit shot down the constitutionality of the FCC’s indecency policy in ABC Inc, v FCC — a clear victory for free speech and creativity. Media Access Project filed an amicus brief in this case on behalf of FMC and Center for Creative Voices in Media that supported the basic position of ABC and their affiliates. You can find the brief here (PDF). read more
On September 17, FMC, NAMAC and Fractured Atlas — collectively the “Arts and Music Amici” — submitted a “friends of the court” brief in the Supreme Court case Arnold Schwarzenegger v the Entertainment Merchants Association (EMA) and Entertainment Software Association (ESA).
In 2005, the California enacted a law prohibiting the sale or rental of violent video games to minors, requiring the video games to bear special labeling for sale in the state. A violation of the act would result in a $1,000 fine for each instance. But the legislation set out a very broad definition of “violent video game,” and attempted to apply an obscenity standard used for sexual content. Our argument is based primarily on the objection that the statute itself is impermissibly vague and therefore unconstitutional. We also point out that the lack of specificity with regards to the methods and means of content distribution in the California statute is of tremendous concern for creators and producers of all media. Today’s musicians are essentially small businesses that often distribute directly to consumers via the web. Therefore, an overly broad set of content-based restrictions that fails to clearly outline who is liable could put even those entrepreneurs working out of their basements on the hook for huge damages.