A NY court today threw out a suit first filed back in 2013 by Lohan, who claimed the popular video game infringed on her privacy by “misappropriating” her likeness without her permission.
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However, her case-as well as a similar one by the daughter of a mob boss, Karen Gravano-was thrown out today thanks to the First Amendment protections it’s owed. “The images are not of Lohan herself, but merely the avatar in the game that Lohan claims is a depiction of her”.
Both had claimed that “GTA” violated their privacy under the state civil rights law by “misappropriating” their likenesses, language, attire and life stories for commercial purposes without their permission or compensating them.
Lohan filed a suit against Grand Theft Auto developers, RockStar Games and Take-Two, publishers of the video game, for allegedly illustrating her for Grand Theft Auto V without consent from the actress.
Two characters got Lohan’s attention – Lacey Jonas, an actress the player helps hide from the paparazzi, and an unnamed bikini-clad woman giving the peace sign, used in the game’s loading screen and promotional materials. Today, however, the court tossed her suit. Karen’s beef was with the character Andrea Bottino, whom she felt looked similar to her and had the same voicing and mannerisms.
Grand Theft Auto is Take-Two’s largest franchise, and “Grand Theft Auto V” exceeded $1 billion in sales within the first three days of its release. “Despite Gravano’s contention that the video game depicts her, defendants never referred to Gravano by name or used her actual name in the video game, never used Gravano herself as an actor for the video game, and never used a photograph of her”.
Lohan’s lawyer, Robert O. Pritchard, said they planned to appeal the ruling, and Thomas Farinella, an attorney for Gravano, said his client is disappointed by the court’s decision and is exploring her options for an appeal. This puts an end to a legal dispute two years in the running, with Lohan and another media personality filing suit against distributor Take-Two Interactive back in the summer of 2014.
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