Lindsay Lohan files suit over GTA V allegedly using her likeness
Actress claims that Rockstar based the character Lacey Jonas on her likeness without permission
Last December, it was reported that Lindsay Lohan was actively looking into suing the creators of Grand Theft Auto V. Now the actress is making good on that threat, filing a lawsuit against Rockstar Games and Take-Two Interactive in a Manhattan court, according to the Associated Press.
Lohan claims that Rockstar's fictional Lacey Jonas is an "unequivocal" copy of her likeness and that the developer based the Jonas character on Lohan's image, voice and styles from her clothing line. The suit also notes that the in-game hotel Gentry Manor is based on West Hollywood hotel Chateau Marmont, which Lohan formerly lived in.
GTA V smashed records, racking up $1 billion in sales in just three days. The game is also coming to next-gen consoles and PC later this year. The cynical viewpoint would be that the troubled actress is looking to cash in on the game's huge success, but it may be a tough battle to win from a legal perspective.
As noted by Digital Media Law Project, "As a general matter, you will not be held liable for using someone's name or likeness in a creative, entertaining, or artistic work that is transformative, meaning that you add some substantial creative element over and above the mere depiction of the person. In other words, the First Amendment ordinarily protects you if you use someone's name or likeness to create something new that is recognizably your own, rather than something that just evokes and exploits the person's identity."
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