Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Victories over Video-Game Laws Yield Fee Awards

By Amanda Bronstad
January 31, 2007

After obtaining court victories in several states against bans on video games deemed violent or sexually explicit, the video-game industry is running up the score by collecting $1.5 million in attorney fees. The Entertainment Software Association (ESA), a Washington, DC-based trade group representing computer and video-game publishers, has filed all but one of the suits seeking to overturn new laws that ban the sale of violent or sexually explicit video games to minors.

The $1.5 million in attorney fees has been ordered from three states, a city and one county, including $510,000 from Illinois and $180,000 from Michigan. Fee requests for a total of more than $200,000 are pending in Louisiana and Minnesota. Other recent video-game victories include $318,000 in attorney fees from the city of Indianapolis, $180,000 in attorney fees from St. Louis County, MO, and $344,000 from the state of Washington.

In most cases, judges have issued preliminary or permanent injunctions against the new laws, claiming that they violate the free speech rights of video-game publishers under the First Amendment.

A federal judge in Illinois issued a permanent injunction and ordered the state of Illinois to pay $510,000 in attorney fees to three plaintiff organizations, including the ESA. After the state officials failed to pay, the judge issued an order in December 2006, requesting that the state of Illinois explain why and how it intended to pay the fees.


Amanda Bronstad writes for The National Law Journal, an ALM affiliate of Entertainment Law & Finance.

After obtaining court victories in several states against bans on video games deemed violent or sexually explicit, the video-game industry is running up the score by collecting $1.5 million in attorney fees. The Entertainment Software Association (ESA), a Washington, DC-based trade group representing computer and video-game publishers, has filed all but one of the suits seeking to overturn new laws that ban the sale of violent or sexually explicit video games to minors.

The $1.5 million in attorney fees has been ordered from three states, a city and one county, including $510,000 from Illinois and $180,000 from Michigan. Fee requests for a total of more than $200,000 are pending in Louisiana and Minnesota. Other recent video-game victories include $318,000 in attorney fees from the city of Indianapolis, $180,000 in attorney fees from St. Louis County, MO, and $344,000 from the state of Washington.

In most cases, judges have issued preliminary or permanent injunctions against the new laws, claiming that they violate the free speech rights of video-game publishers under the First Amendment.

A federal judge in Illinois issued a permanent injunction and ordered the state of Illinois to pay $510,000 in attorney fees to three plaintiff organizations, including the ESA. After the state officials failed to pay, the judge issued an order in December 2006, requesting that the state of Illinois explain why and how it intended to pay the fees.


Amanda Bronstad writes for The National Law Journal, an ALM affiliate of Entertainment Law & Finance.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

'Huguenot LLC v. Megalith Capital Group Fund I, L.P.': A Tutorial On Contract Liability for Real Estate Purchasers Image

In June 2024, the First Department decided Huguenot LLC v. Megalith Capital Group Fund I, L.P., which resolved a question of liability for a group of condominium apartment buyers and in so doing, touched on a wide range of issues about how contracts can obligate purchasers of real property.

Fresh Filings Image

Notable recent court filings in entertainment law.

The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.