Lindsay Lohan has filed a lawsuit against the makers of the “Grand Theft Auto V” video game.
In the suit, Lohan claims that character Lacey Jonas is an “unequivocal” reference to the actress, depicting her image, voice, and styles from her clothing line. The game even shows the character avoiding paparazzi outside of the Chateau Marmont Hotel, where Lohan once lived.
When Lohan initially started to craft the lawsuit in December…
Many assumed she was going to sue over this bikini model character who kind of resembles the actress.
While she may flash the peace sign like Lohan, model Shelby Welinder has confirmed (by posting her GTA V contract to Twitter) that the bikini image is based off of her.
Other GTA V art work contains characters wearing Lohan-like accessories…
Like these aviator sunglasses.
And a hat.
In the video game’s poster art,a Lohan look-a-like is shown taking a sexy selfie.
Lohan is queen of the selfie.
But the part Lohan has a real problem with is during a gameplay moment when the Lacey Jonas character hides from paparazzi and gets frustrated when someone doesn’t recognise her to help her.
The character exclaims, “I’m really famous! I didn’t do anything — this is my average commute … I am so fat, oh my God, they cannot get a shot of me! How’s my hair? Do I look cute?”
Lohan’s suit claims that Rockstar Games used her image for the in-game character of Lacey, “an anorexic actress constantly on the run from voracious celebrity photographers and fans,” according to International Business Times.
Below is the specific character Lohan is suing over:
Watch the gameplay moment in question below:
Take-Two Interactive Software and Rockstar Games have declined comment on the lawsuit, but Forbes “doubts the case has legs,” considering “the character in question was not specifically Lohan, and engages in entirely fictional activities that are designed to parody a certain type of celebrity.”
Forbes then cited the Digital Media Law Project to back up their stance:
“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. 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.”
But this isn’t the first time an actress has called out a video game for allegedly using her likeness. Last year, Ellen Page accused the makers of “The Last of Us” of using her likeness for a character named “Ellie.”
Page later said on Reddit: “I guess I should be flattered that they ripped off my likeness, but I am actually acting in a video game called “Beyond Two Souls,” so it was not appreciated.”
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