A Blog by Jonathan Low

 

Jul 6, 2014

In Her Own Image: Lindsay Lohan Sues Grand Theft Auto Creator, Alleging Unauthorized Game Character Design

Look and feel? Apple and Samsung are spending millions on it. College athletes may eliminate the line between professional and amateur sports over it. So why should a notorious actress hold back?

The 'it' in question is the increasingly contentious issue of image, character and reputation, intangibles that may convey meaning and value in ways that traditional assets do not.

In this latest case, Lindsay Lohan, a former child star whose troubled  transition to adulthood has been as dramatic as it has been well chronicled, is suing the makers of video game 'Grand Theft Auto V' for appropriating her image without permission or, more to the point, payment.

While the doings or undoings of Hollywood stars have continued to titillate ever since the silver screen was invented, the convergence of the real and the digital is a growing arena of conflict over rights and ownership. The courts are being asked to make these determinations because our ostensibly civil society can or will not. What is certain is that the nuances of design, image and illustration will grow both in contest - and in value. JL

Lisa France reports in CNN:

Lohan alleges the company based the character on her and "incorporated her image, likeness, clothing, outfits, Plaintiff's clothing line products, ensemble in the form of hats, hair style, sunglasses, jean shorts worn by Plaintiff that were for sale to the public
Lindsay Lohan has filed suit against a video game maker, alleging the company based the likeness of a character on her.
The actress filed suit Wednesday in a Manhattan court against Take-Two Interactive Software Inc. and its subsidiaries, Rockstar Games and Rockstar North, over the character of Lacey Jones from the game "Grand Theft Auto V."
According to the suit, Lohan alleges the company based the character on her and "incorporated her image, likeness, clothing, outfits, Plaintiff's clothing line products, ensemble in the form of hats, hair style, sunglasses, jean shorts worn by Plaintiff that were for sale to the public at least two years before the Defendant's release of the GTA V game."
The suit goes on to say that "the game also features Hotel Chateau (Marmont) in West Hollywood, a place where the Plaintiff once lived and often frequents."
In the popular video game, the character is an actress who complains of being pursued by paparazzi and asks another character to help her flee. The character utters such lines as, "They cannot get a shot of me," and "How's my hair? Do I look cute?"
In an e-mail, a spokeman for the company told CNN, "It is our company policy to not comment on legal matters."
It would not be the first time Lohan has taken to the courts alleging others were trading on her and her image.
In 2010 she sued E*Trade over a Super Bowl commercial that made mention of "that milkaholic Lindsay," which Lohan alleged was a reference to her. In 2011 she sued rapper Pitbull for using her name in a lyric of the song "Give Me Everything Tonight."
The suit against E*Trade was reportedly settled, and her suit against Pitbull was dismissed, according to The Hollywood Reporter.

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