We last reported on the Lohan/Rockstar case back in December, when rumors were swirling that the then-27-year-old would sue the video game publisher.
In the suit, LiLo alleges that Rockstar and Take-Two Interactive used her likeness for one of the game's non-playable characters, Lacey Jonas, without permission. Lohan also cited an image on the game's cover in her suit.
"The portraits of the Plaintiff (Lohan) incorporated her image, likeness, clothing, outfits, Plaintiff's clothing line products, ensemble in the form of hats, hair style, sunglasses, jean shorts worn by the Plaintiff that were for sale to the public at least two years" the suit, obtained by Forbes, reads.
It's unclear just how much money Lohan will be seeking in her suit. Forbes reached out to the Digital Media Law Project, which indicates that the Mean Girls star doesn't really have a leg to stand on.
"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 recognizably your own, rather than something that just evokes and exploits the person's identity." the DMLP said.
Unless Lohan can prove that Rockstar blatantly ripped off her image for GTA, a series that's notorious for its parodies, it doesn't seem like this case will have much traction.
Related News