In this Sept. 30, 2014, file photo, actress Lindsay Lohan performs a scene from the play, “Speed the Plow,” during a photocall at the Playhouse Theatre in central London. A New York state appeals court on Thursday, Sept. 1, 2016, dismissed a lawsuit by Lohan that says the producers of “Grand Theft Auto” used a likeness of her in one of their video games. AP FILE PHOTO
NEW YORK — A New York state appeals court on Thursday dismissed a lawsuit by actress Lindsay Lohan that says the producers of “Grand Theft Auto” used a likeness of her in one of their video games.
A panel of judges in the Manhattan Appellate Division ruled that Take-Two Interactive Software Inc. didn’t use her actual “name, portrait or picture” and therefore didn’t violate her right to privacy.
In the lawsuit, Lohan accused the producers of modeling her physical features, including clothing, shoulder-length blonde hair and voice in “Grand Theft Auto V,” a video game that takes place in the fictional city “Los Santos” where players act as car-stealing criminals.
The court said the depictions deserved First Amendment protection.
“This video game’s unique story, characters, dialogue, and environment, combined with the player’s ability to choose how to proceed in the game, render it a work of fiction and satire,” the judges wrote.
Similar claims against Take-Two by “Mob Wives” television star Karen Gravano also were dismissed in the combined ruling.
A message left with Lohan’s lawyer wasn’t returned. Gravano’s lawyer said they’re exploring their options.
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