Grand “Identity-Theft” Auto? Media Groups Say No

Various media organizations have called upon the New York State Court of Appeals to reject Lindsay Lohan’s case against the publishers of Grand Theft Auto V. The actress alleges that a character in the game, Lacey Jonas, violates her right of publicity by copying her “image, likeness, clothing, outfits, clothing line products, ensemble in the form of hats, hair style, [and] sunglasses” without her permission. The New York Supreme Court disagreed with Lohan’s claim in 2016, holding the depiction to be satirical and therefore protected by the First Amendment.

The ten media groups who signed the amicus brief warn that this appeal, if successful, would broaden publicity law and threaten the First Amendment protection traditionally accorded to creative works. New York State’s right of publicity currently protects the use of a person’s “name, portrait, picture, or voice,” absent consent, for advertising or trade purposes. The amicus brief maintains that the right of publicity does not apply, as Lohan claims, to one’s “image,” “likeness,” or “persona,” or to any work created for compensation.

Oral arguments for the case are set for February 7, 2018. To read more, please click here.

To learn how Castaybert PLLC can assist with rights of publicity and other intangible property rights, click here.