Rockstar Games, a subsidiary of Take-Two Interactive, released the video game Grand Theft Auto V in 2013.

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Rockstar Games, a subsidiary of Take-Two Interactive, released the video game Grand Theft Auto V in 2013. The game features a character named Lacey Jonas, a self-proclaimed “actress slash singer” and “voice of a generation,” who appears in both in-game scenes and promotional artwork for the game. Actress Lindsay Lohan alleged that the fictional character is her “look-a-like” and misappropriates her portrait and voice in violation of New York privacy law. Being that Lohan did not give her consent for the alleged use of her portrait and voice, she sued Take-Two for compensatory and punitive damages. In response, Take-Two moved to dismiss on the grounds that the character is not based on Lohan and that creative works like video games cannot give rise to privacy claims. Is Take-Two correct that one’s alleged depiction in a video game cannot be the basis for a privacy claim? Why or why not?

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Dynamic Business Law

ISBN: 9781260733976

6th Edition

Authors: Nancy Kubasek, M. Neil Browne, Daniel Herron, Lucien Dhooge, Linda Barkacs

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