Notoriety strikes video game Grand Theft Auto V, as actor Lindsay Lohan has decided to sue its makers for using her likeness without permission. According to a lawsuit filed on July 2, Lohan has accused the New York-based Take-Two Interactive Software Inc and its label Rockstar Games of creating a look-alike character named Lacey Jonas to boost sales, reported Reuters.
Lohan, forbes.com reported, had called her lawyers last year about the inclusion of the character in the blockbuster video game. Her official complaint, which surfaces four months ahead of the game’s release, alleges that the companies promoted the Lacey Jonas character and a side plot in which players must rescue her from swarms of paparazzi.
The complaint, lodged in state Supreme Court in New York, states that the in-game Jonas shares “unequivocal” similarities with the real-life Lohan. “The portraits of the Plaintiff (Lohan) incorporated her image, likeness, clothing, outfits, Plaintiff’s clothing line products, ensemble in the form of hats, hair style, sunglasses, jean shorts worn by the Plaintiff that were for sale to the public for at least two years,” claims the suit. The game also features the Hotel Chateau Marmont in West Hollywood, California, where Lohan once lived. Claiming that the game violates her privacy rights under New York law, Lohan is seeking undetermined damages.
A spokesman for Take-Two declined to comment. The 16-year-old Grand Theft Auto franchise has won numerous awards and become embedded in popular culture over the years. But the criminal drama and action-adventure series has also stirred controversy over the violent and adult nature of its content. Grand Theft Auto V was released in September 2013 and exceeded $800 million in global first-day sales.
While Lohan is the only actor to have filed suit against alleged likeness in a video game, she is certainly not the only one to take issue with such a case, reported forbes.com. Actor Ellen Page, who featured in the film Juno and video game Beyond: Two Souls, had similar concerns about the character Ellie from Naughty Dog’s The Last of Us. “I guess I should be flattered that they ripped off my likeness,” she said at the time, adding, “but I am actually acting in a video game called Beyond Two Souls, so it was not appreciated.”
In terms of the legitimacy of the suit, the case doesn’t seem favourable for Lohan. According to the 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.” It further explains, “In other words, the First Amendment ordinarily protects you if you use someone’s name or likeness to create something new that is recognisably your own, rather than something that just evokes and exploits the person’s identity.”
With films such as The Parent Trap (1998) and Mean Girls (2004) under her belt, Lohan was once Hollywood’s most sought-after actor, but has of late been entrapped in legal woes, which include theft and reckless driving. She has been to rehab six times. Considering Lohan’s faulty track record, we wonder if the suit is a publicity gimmick. What do you think?
Published in The Express Tribune, July 4th, 2014.
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