Lindsay Lohan Sues Grand Theft Auto over Lacey Jonas Character

Lindsay Lohan has called in her lawyers to take action against ‘Grand Theft Auto V’ … claiming video game honchos jacked her image without her permission … TMZ has learned.

Sources tell us, Lohan’s lawyers are currently crafting a lawsuit — demanding Rockstar Games pay some serious money for using Lindsay’s image in the game.

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Lindsay Lohan is suing the makers of the “Grand Theft Auto” video games. The actress says the latest installment used her image and created a character based on her without her permission.

Lohan’s lawsuit was filed Wednesday in a Manhattan court. “Grand Theft Auto V” game maker Take-Two Interactive Software Inc. and subsidiary Rockstar Games declined to comment.

…

Lohan’s lawsuit says a character named Lacey Jonas is an “unequivocal” reference to the “Mean Girls” and “Freaky Friday” star.

The suit says Lohan’s image, voice and styles from her clothing line are depicted. It says the game features West Hollywood’s Chateau Marmont hotel, where Lohan once lived.

The character also seeks help skirting paparazzi.

According to the Digital Media Law Project: “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.”

I’m not a legal expert, but Rockstar seems to fall well within this guideline. The character in question was not specifically Lohan, and engages in entirely fictional activities that are designed to parody a certain type of celebrity. I sincerely doubt that this case has legs.

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