Lindsay Lohan granted appeal in GTA image rights row
Actor Lindsay Lohan has been granted an appeal by a New York court in a case centring on her alleged image rights in the “Grand Theft Auto”video games.
In October last year, WIPR reported that Lohan had lost an image rights dispute with the makers of “Grand Theft Auto”, Take-Two.
But, on Thursday, February 16, the New York State Court of Appeals granted Lohan’s appeal of last year’s decision.
In a claim filed against Take-Two in July 2014, Lohan alleged that the character, Lacey Jonas, who appeared in “Grand Theft Auto V”, is an unauthorised portrayal of herself.
In the game, players have to help Jonas escape from the paparazzi.
She also claimed that her image was used to promote the game in June 2013, three months before it was released.
Lohan cited sections 50 and 51 of the New York Civil Rights Law, alleging that the use of the character is a violation of her image rights.
The law prohibits the use of an individual’s name or image for trade purposes without obtaining consent.
Take-Two hit back, claiming that the game is a work of art and therefore exempt from restrictions under civil rights law.
The video game publisher argued that Lohan’s argument was time-barred because her suit was filed more than a year after the first images of her alleged likeness were used.
On September 1, the Appellate Division Courthouse of New York State, First Department ruled that the suit should be dismissed.
Karen Gravano, star of VH1’s reality show “Mob Wives”, had separately sued Take-Two over image rights in the “Grand Theft Auto” video game.
Gravano had argued that another character in “Grand Theft Auto V”, Andrea Bottino, violated her image rights.
The reality star also lost her case last year. She was granted an appeal in the case on February 16.
A spokesperson for Lohan declined to comment.
Thomas Farinella, attorney at the Law Office of Thomas A Farinella, and the lawyer acting on behalf of Gravano, said: "Ms Gravano and I have believed in our case from the outset, and we appreciate the opportunity to submit our brief to the Court of Appeals."
Did you enjoy reading this story? Sign up to our free daily newsletters and get stories like this sent straight to your inbox.
