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Linsday Lohan Gets Serious About Her GTA V Lawsuit

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According to The Hollywood Reporter, actress Linsday Lohan has significantly expanded her complaint against Grand Theft Auto publisher Take-Two Interactive.

Lohan has replaced her original 10 page complaint with a more detailed 64-page document that now alleges Take-Two used her likeness on merchandise.

The amended complaint now includes 45 pages of pictured exhibits, including a picture of the game disk with its familiar bikini-clad woman giving a peace sign. Lohan claims Take-Two used a “lookalike” model to copy a photo taken of her. Here are both images side-by-side, from Time.com, for you to judge for yourself.

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Lohan seems to have expanded her claim in part because she filed the suit in New York, THR says, a state where the publicity rights statute only applies to advertising and trade works. Lohan alleges the picture of bikini clad girl was splashed on t-shirts, billboards, websites and other merchandise and advertising.

The suit also provides a counter to the idea that the game is a “transformative” work of art, protected on free speech and fair use grounds. Take-Two had previously argued that the game is a protected work of art not subject to the statute Lohan is suing under.

“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,” Lohan’s suit shoots back.

These claims are in addition to Lohan’s original claim that a character in the game, a starlet called Lacey Jonas, is modeled after her. At one point the player protects this character from the paparazzi and the starlet shares several broad and some specific similarities with Lohan’s public persona.

Take-Two has asked that the lawsuit be thrown out and that Lohan be sanctioned for filing a frivolous suit.

 

 

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