Lohan v. Take-Two Interactive Software, Inc.
A computer generated image may constitute a “portrait” within the meaning of N.Y. Civ. Rights Law 50 and 51, but the disputed images in the video game central to this matter were not recognizable as Lindsay Lohan, and therefore, Lohan’s complaint was properly dismissed. Lohan claimed that the Lacey Jonas character in the Grand Theft Auto V (GTAV) game was her lookalike and misappropriated her portrait and voice. Lohan also claimed that images on various promotional materials and packing for the GTAV cumulatively evoked her images, portrait, and persona. Lohan commenced this action seeking, in part, compensatory and punitive damages for invasion of privacy in violation of N.Y. Civ. Rights Law 50 and 51. The Appellate Division granted Defendants’ motion to dismiss the complaint for failure to state a cause of action. The Court of Appeals affirmed, holding (1) a graphical representation in a video game or like media may constitute a “portrait” within the meaning of the Civil Rights Law; and (2) the representations in question were not recognizable as Lohan and therefore not actionable under the Civil Rights Law. View "Lohan v. Take-Two Interactive Software, Inc." on Justia Law