A couple of years ago, Lindsay Lohan filed a lawsuit against Rockstar over the Grand Theft Auto V game. The actress/singer claimed that the developers used her likeness without her permission. The complaint at that time read, “Lohan argues that defendants purposefully used Lohan’s bikini, shoulder-length blonde hair, jewelry, cell phone, and ‘signature peace sign’ pose’ in one image.”Unfortunately for Lohan, it seems that the courts do not feel the same way and have since ruled in Rockstar’s favor. According to the courts, even if Rockstar had purposely used Lohan’s likeness in the game, since GTA 5 is a work of fiction, it falls outside the statutory definitions of “advertising” or “trade”, meaning that Lohan can’t argue that Rockstar had profited from using her likeness to sell the game.
They add, “This video game’s unique story, characters, dialogue, and environment, combined with the player’s ability to choose how to proceed in the game, render it a work of fiction and satire.” It should also be noted that Lohan’s name or photo did not even make its way into the game. As it stands, Lohan’s case against Rockstar has since been dismissed, along with Karen Gravano’s case in which she too claimed that Rockstar had used her likeness and life story in the game without her permission.
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