Monday 13 October 2014

Lindsay Lohan reinforces Likeness Lawsuit against $One Billion+ GTA V


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The 10-page complaint filed by Lindsay Lohan against Take-Two Interactive for allegedly using her likeness without permission in Grand Theft Auto 5 in July is now a 67-page complaint. Back in July, she claimed that
GTA V used her image and created a character based on her without her permission" and cites in-game character Lacey Jonas as an "unequivocal" reference to her.

Take-Two in turn claims that Lohan is only suing for "publicity purposes.Her team of  lawyers then  reacted  by loads of images into its amended complaint, including a photograph of one of the game discs, which features a blond, red bikini–clad woman holding up the peace sign. 

Through The Hollywood Reporter , according to the amended complaint, the game publisher "used a look-a-like model to evoke the persona and image" of Lohan by imitating a photograph that was once taken of her in 2007. The lawsuit also aims to counter any talk that the game represents a transformative fair use, which would invoke the free speech protections of the First Amendment.

"The Defendants were in the business of selling games as opposed to artists displaying artwork in galleries for profit where unauthorized images or portraits of individuals were reproduced in limited editions as opposed to the mass production for commercial promotion and financial gain."

According The Hollywood Reporter ,the company states that the original complaint had alleged that an announcement of the side mission involving Lacey was in June 2013, a year before the complaint was filed. Lohan fired back by stating the alleged "republication" of the blond, bikini-clad female on the game disc later that year.

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Her legal team is also claiming that an image of blond character, which they claim is a reference to Lohan, was used in GTA V marketing material such as t-shirts and coffee mugs, as well as advertisements on billboards, posters, buses, buildings, and websites.

The lawsuit progresses along with former Panama dictator Manuel Noriega's claims against Activision Blizzard over the obvious misuse of his persona in Call of Duty: Black Ops II.

The record-breaking GTA V produced more than $1 billion in sales in just 3 days and has been claimed as the best video game by many. The game is said to release on 18 November 2014 for the PlayStation 4 and Xbox One, and on 27 January 2015 for Microsoft Windows.



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Refrences: The Hollywood Reporter,GameSpot


 


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