A Manhattan court Thursday dismissed Lindsay Lohan’s lawsuit against the makers of the video game “Grand Theft Auto V”.
Image: File Photo
According to News Day, the 30-year-old actress based her claims on the appearance of a character used in the game which she said, was her. Lacey Jonas [the character in dispute] looked exactly like Lindsay except the name change.
In her arguments, Lindsay maintains that the 5th version of the action-drama game owned by Rockstar Games [a subsidiary of Take-Two Interactive Software] — used with her permission–the voice, looks, fashion styles, and her signature ‘Victory sign’. The character was also given a celebrity status, with paparazzi all over her.
The Chateau Marmont hotel also used in the movie, is said to have been Lindsay’s home for some time.
Image shows popular actress Lindsay Lohan, who claims her image, fashion and voice was used in ‘Grand Theft Auto V’ video game WITHOUT HER CONSENT.
A panel of five judges from the New York State Supreme Court Appellate Division, First Department, noted Lohan’s argument:
- that the game producers “purposefully used Lohan’s bikini, shoulder-length blonde hair, jewelry, cell phone and ‘signature peace sign’ pose in one image, and used Lohan’s likeness in another image . . .
- that defendants used her portraits and voice impersonation in a character that is introduced to the player in a ‘side mission.’ ”
All said, the law court cited New York Civil Rights Law, section 51, which prohibits a person’s “name, portrait, picture or voice” to be used “for advertising purposes or for the purposes of trade” without written consent.
However, the same court says the above law did not apply to Lindsay’s case, “because this video game does not fall under the statutory definitions of ‘advertising’ or ‘trade.’ ”
Image: Lindsay Lohan
Instead, “This video game’s unique story, characters, dialogue, and environment, combined with the player’s ability to choose how to proceed in the game, render it a work of fiction and satire.”
The court adds that images used in the game “are not of Lohan herself, but merely the avatar in the game that Lohan claims is a depiction of her.”
Image: File Photo
