Game over, Linz
Likeness suit vs. ‘GTA’ vid tossed
Celebrity avatars are fair game for gamers, a New York court has ruled.
A Manhattan appeals court has tossed two lawsuits — by actress Lindsay Lohan and former “Mob Wives” star Karen Gravano — against the makers of the popular and violent video game “Grand Theft Auto,” saying the First Amendment rights of the game makers trump the celebs’ invasion-of-privacy and stolen-likeness claims.
Both Lohan and Gravano sued Take Two Interactive Software in 2014 for using their images for characters in the violent video game — claims the company has denied.
Lohan argued a character named Lacey Jonas had her same bikini, blond hair, jewelry, cellphone and even signature peace sign pose. Jonas was almost identical to a pre-existing shot of Lohan in a pink swimsuit, the “Mean Girls” actress said in court papers.
Similarly, the Staten Island Mafia princess insisted she has sole authority to profit from her past.
Gravano, whose dad is the infa- mous mob killer turned rat Sammy “Bull” Gravano, said the storyline of “GTA” character Andrea Bottino mirrored her own life story about a mob daughter whose father starts cooperating with the government.
But in a unanimous ruling Thursday a five-judge panel said the suits had no merit because Take Two never used the women’s actual name, portrait or picture.
The panel responds to the women’s claims that the “video game depictions are close enough to be considered representations,” by saying that works of fiction and satire are protected under the First Amendment.
Lohan’s lawyer, Robert Pritchard, vowed to appeal. Gravano’s attorney, Thomas Farinella, said, “We are exploring our options.”
Reps for Take Two did comment.
Gravano was suing for $40 million, and Lohan’s suit sought unspecified damages. not