'Grand Theft Auto 5' vs. Lindsay Lohan: Hollywood Star Loses Case Against Take-Two
Lindsay Lohan's lawsuit against Rockstar and Take-two Interactive, allegedly for misusing her likeness in the massively popular game "Grand Theft Auto 5," has just been dismissed. The New York Court of Appeals has held up an earlier ruling from a lower court rejecting Lohan's claim that "GTA 5" has portrayed her in Lacey Jonas, a side character in the game.
The decision was handed by six judges of the New York Court of Appeals on Saturday, March 31, according to Polygon. This verdict could well be the final chapter in a lawsuit that the former child star brought against Rockstar and "GTA 5" publisher Take-Two Interactive from way back in 2014.
Lacey Jones, a fictional minor character in "Grand Theft Auto 5," is part of a random in-game scenario called "Escape Paparazzi." Jonas is seen in-game as a blonde movie star who is known to have quickly risen in notoriety due in part to having an eating disorder, as Eurogamer noted.
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In her lawsuit, Lohan also cited Rockstar and Take-two for using her likeness in one of the promotional images for the game, one in which a young blonde woman is seen making a V-shaped peace sign with one hand while taking a selfie with the other, while dressed in a red bikini.
"Lohan argues that defendants 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 by appropriating facial features, body type, physical appearance, hair, hat, sunglasses, jean shorts, and loose white top," without the express consent of the actress, according to the court filing.
The complaint also cited the makers of "GTA 5" for the way they presented Jonas in the game, describing her as a "really famous actress slash singer" and other things like her voice and accent that adds up to an "image, portrait and persona" that's really close to Lohan, as The Independent recapped the suit.
The argument was seen as hinging on what constitutes an accurate "portrait" of the Hollywood star according to New York law, with Lohan's side thus arguing that using her portrait in "Grand Theft Auto V's" promotional and box art without her written consent is a violation of her rights.
All six judges of the seven-member panel, with one absent, unanimously ruled that the way Lacey Jonas was portrayed in "GTA 5" was more of an "indistinct, satirical representations of the style, look, and persona of a modern, beach-going young woman that are not reasonably identifiable as plaintiff," referring to Lohan.
With US laws giving the same First Amendment protection to video games as it does to other works of fiction like movies and books, this possible portrayal of Lohan also falls under satire, as the court ruled this weekend.
