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Lindsay Lohan files suit over GTA V allegedly using her likeness

Lindsay Lohan files suit over GTA V allegedly using her likeness

Wed 02 Jul 2014 8:30pm GMT / 4:30pm EDT / 1:30pm PDT

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.

1

Rockstar's GTA V character Lacey Jonas

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."

16 Comments

Klaus Preisinger
Freelance Writing

1,096 1,058 1.0
Popular Comment
Headline should read:
Hollywood starlet suing video games company trying to prove own relevancy to casting agencies.

Posted:2 months ago

#1

Paul Jace
Merchandiser

925 1,381 1.5
Lilo has fallen so far from grace it's almost hard to watch. But if she needs some extra money I heard that Walmart is currently hiring greeters.

Posted:2 months ago

#2

Jordi Rovira i Bonet
Lead Engineer

20 9 0.5
Let me point out this may very well be a Rockstar marketing operation.

Posted:2 months ago

#3

Paolo Giunti
Narrative Designer

36 73 2.0
I doubt it, Jordi.
The timing and how this situation evolved make think that Ms Lohan has genuinely lost it.

Posted:2 months ago

#4

Darren Adams
Managing Director

240 436 1.8
Haven't we already done this exact same article a few months back?

Posted:2 months ago

#5

Andrzej Wroblewski
Localization Generalist

102 69 0.7
If Lindsey Lohan is awarded anything out ot this... soon people will be claiming someone copied their nose or earlobe shapes and demand royalties etc.

Posted:2 months ago

#6

Sam Maxted
Journalist / Community / Support

155 65 0.4
Darren: I think her lawyers were looking at it before, and she's only now actually taking action over it.

Also, that's one hard look to come up with the wrong decision.

Posted:2 months ago

#7

James Brightman
Editor in Chief

227 270 1.2
@ Darren, the last one was about how she was looking into filing a lawsuit whereas this one is actually that she's gone forward and filed a suit against Rockstar.

Posted:2 months ago

#8

Greg Wilcox
Creator, Destroy All Fanboys!

2,175 1,124 0.5
@James: you forgot to add "and the next one will be about a judge bouncing this suit right out of court" because this is probably what will happen eventually with the suing missy ending up having to pay Rockstar's legal fees or something...

Posted:2 months ago

#9

Adam Jordan
Community Management/Moderation

113 65 0.6
Hey let's put it this way, if the suit bounces, this would be Specsaver's next advert because I am not seeing the likeness at all.

Posted:2 months ago

#10

Greg Wilcox
Creator, Destroy All Fanboys!

2,175 1,124 0.5
Welllllll, her face HAS changed a bit over the years, so I'd bet one thing a smart judge will say is her looks have "evolved" (and she's pretty much looking like a generic video game gal at this point, not that Lindsay Lohan from a while back the kids used to idolize...) ;^P

Posted:2 months ago

#11

Alfonso Sexto
Lead Tester

807 637 0.8
Some people in the game Speak Spanish. I speak Spanish too. I'm suing them.

Posted:2 months ago

#12

Payton Liu
Production Support Analyst

15 23 1.5
That in-game picture looks horrible, I wonder why would someone want to be related to "her" at all....

Just one question - Lohan, are you really that desperate that you try to gain money by suing a video game company?!

Edited 2 times. Last edit by Payton Liu on 4th July 2014 10:02am

Posted:2 months ago

#13

Darren Adams
Managing Director

240 436 1.8
Thought I had read something damn similar before. :)

Posted:2 months ago

#14

Sam Maxted
Journalist / Community / Support

155 65 0.4
Of course, the thing is that if she'd never said anything about it in the first place, no-one would've batted an eyelid at the scenes, nobody would be talking about it now and a much smaller segment of the population would even know about it.

Posted:2 months ago

#15

Greg Wilcox
Creator, Destroy All Fanboys!

2,175 1,124 0.5
But, Sam: We may be discussing it, but I'd bet none of us CARE. Nor do her shrinking "legions" of fans. This story will vaporize soon enough unless she's silly enough to want to keep it in the "news" as important (which it's not)...

Posted:2 months ago

#16

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