Rumor: Lindsay Lohan To Sue Rocktstar Over GTA V

 Pages PREV 1 2
 

Andy Chalk:

Am I right, or am I right?

Not only are you right, I will be giggling for hours.

Loki_The_Good:
Using a likeness as satire ... So if she wins this does that mean that SNL will be forced off the air?

SNL should be taken out of existence for all those Presidential impersonations...Trying to fool America into believing all those horrible things about our many Presidents. Do they think it's funny or something?

>.>

erttheking:
If this turns out to be true (And it may very well not be) then we also need to sue Jeff Dunham

Both a more accurate portrayal AND better satire than GTA.

1337mokro:
I pity the lawyer that has to argue that case. "Satire should be made illegal!"

It wouldn't be the first time a lawyer has been asked to argue about damages due to satire/parody.

The really funny thing is that I predicted the joke of this thread before I clicked the link: "What, does she think Trevor looks way too much like her?"

I'd seriously have to hope this is just a load of BS, but on the other hand, if your fame is worthless and you've spent all your cash on drugs, what better way to get your name back out on the market AND make some money than to sue someone?

C'mon Escapees give Lindsay a slack!
She must earn money somehow.
Meth can't be cheap.

Holy crap, i just followed the link of Shelby Welinder... WHATS WRONG WITH THE MODELS NOW!!! WHERES THE... WHERES THE MEAT??!!! WHAT HAVE YOU DONE TO THE WOMAN BEAUTY :(

Loki_The_Good:
Using a likeness as satire ... So if she wins this does that mean that SNL will be forced off the air? seriously no one bought this game thinking it was backed by her likeness. How desperate for attention is she.

Well, "Fair Use" and the various protections afforded to parodists and satirists is a very touchy subject, and a legal mine field. After all we've seen Todd Mcfarlane get slammed hard by a hockey player for being used as the inspiration/model for the gangster "Tony Twist" in his "Spawn" comics. Not to mention how Todd himself did things like bully RPG publisher Palladium books over using the name "Nightspawn" and an extreme vague similarity in the style of artwork for an RPG series (which was renamed "Nightbane"). Weird Al, one of the most victorious parodists of all time was somewhat reluctant to actually cross Lady Gaga over his parody of one of her songs, despite insisting during this that he could have released it for money anyway and won "but he won't disrespect the artists that way" which leads one to believe he wasn't exactly eager to roll those dice from his end again.

Of course at the same time they pretty much ripped out off the likes and performance style of "Lady Miss Kier" from Dee Lite to make Ulala in "Space Channel 5" after being denied permission when they asked for it. Ironically Lady Miss Kier lost this one, when she really shouldn't have. She had a better case than say "Tony Twist".

At the end of the day it seems to oftentimes come down to both how good your lawyers are, how much money is involved, and how flattering the portrayal in the work is. Not to mention the viability of being able to hire or offer to hire the person being used, and of course if someone's inherent name and likeness carries with it any intristic value.

If she's right Lindsay probably deserves to win, she's a mess IRL, but from how this sounds the portrayal in GTA5, especially one that has her dealing with ultra-violent criminal elements (ie the player characters) to solve problems is not exactly flattering. A point which came up in the Mcfarlane case I believe, since casting an Athlete as a career criminal isn't exactly flattering. What's more they probably could have actually hired Lindsay Lohan to do the role, but to be fair probably didn't even try, because even as a somewhat faded star (for the moment at least) she's still got enough celebrity oomph (whether you like her or not) to demand more money than Rockstar probably wanted to pay for a bit part. What's more people are a LOT more aware of video games and the money to be made off of them nowadays than they were when "Space Channel 5" was released.

Lindsay isn't one of my favorite celebrities to be sure, but I don't hate her like some people do. She usually comes across like a messed up kid to me more than anyone really evil, and she does seem to have some talent along with a decent. From that perspective which is about as close to neutral as you can get, if I had to make a judgement on this case from what is said here, I'd have to see the bits from the game, and if it's an obvious reference/likeness I'd award Lindsay whatever the average asking price her agent demands for a few recording sessions or a film/TV appearance and then force Rockstar to pick up her legal costs. I would not however bankrupt Rockstar or anything over it. I'd imagine at the end of the day I'd wind up costing them a few million dollars.

Even if they did the right to parody is protected, this is just stupid. Either make movies or go away Lindsay!

1st: She needs the money
2nd: She needs the publicity
3rd: She needs the money

Hahahahahahahahahahahahahahahah!

Well, at least we got that awesome tweet out of this debacle. It wasnt a total waste.

I love Lilo but this is a little far I think.

I am fully behind the idea that Lindsay Lohan will look like Trevor in a few more years.

read that it was that one Franklin side mission (which was really funny lol)
but yeah no she wishes she looked like the bikini selfie girl haha

Well crap, she's got them there. Trevor's a dead ringer. A good blonde wig and it's a spitting image.

More seriously, she needs to get over herself. She's not the only blonde paparazzi magnet of vague morals open for parody out there, and it's not like said parody of loose socialites is the crux of the whole bloody game.

Even if she was being made fun of, parody is protected speech, even in a commercial work. They're not saying it's her or trying to pass it off that she's what we're there for.

The utter hilarity of the Trevor tweet aside, Lohan has her work cut out for her here, I think. Here's a good reason why:

Loki_The_Good:
Using a likeness as satire ... So if she wins this does that mean that SNL will be forced off the air?

There is right now a quote attributed to Sarah Palin ("I can see Russia from my house") that she never actually said; it was Tina Fey portraying her in a Saturday Night Live skit. But if Palin decided to take NBC to court, she'd be thrown out on her ear. Why? Because parody and satire are highly protected in the American legal system. Lohan would have to prove beyond all doubt that the likeness is deliberate and close enough in resemblance to be confused for her. Unless the character has the distinctive tattoos she does, I doubt she'd get far.

Elias Islas Rodriguez:
Holy crap, i just followed the link of Shelby Welinder... WHATS WRONG WITH THE MODELS NOW!!! WHERES THE... WHERES THE MEAT??!!! WHAT HAVE YOU DONE TO THE WOMAN BEAUTY :(

In modelling these days, if they can't see your back from your front, you're too fat.

Therumancer:

Loki_The_Good:
Using a likeness as satire ... So if she wins this does that mean that SNL will be forced off the air? seriously no one bought this game thinking it was backed by her likeness. How desperate for attention is she.

Well, "Fair Use" and the various protections afforded to parodists and satirists is a very touchy subject, and a legal mine field. After all we've seen Todd Mcfarlane get slammed hard by a hockey player for being used as the inspiration/model for the gangster "Tony Twist" in his "Spawn" comics. Not to mention how Todd himself did things like bully RPG publisher Palladium books over using the name "Nightspawn" and an extreme vague similarity in the style of artwork for an RPG series (which was renamed "Nightbane"). Weird Al, one of the most victorious parodists of all time was somewhat reluctant to actually cross Lady Gaga over his parody of one of her songs, despite insisting during this that he could have released it for money anyway and won "but he won't disrespect the artists that way" which leads one to believe he wasn't exactly eager to roll those dice from his end again.

Of course at the same time they pretty much ripped out off the likes and performance style of "Lady Miss Kier" from Dee Lite to make Ulala in "Space Channel 5" after being denied permission when they asked for it. Ironically Lady Miss Kier lost this one, when she really shouldn't have. She had a better case than say "Tony Twist".

At the end of the day it seems to oftentimes come down to both how good your lawyers are, how much money is involved, and how flattering the portrayal in the work is. Not to mention the viability of being able to hire or offer to hire the person being used, and of course if someone's inherent name and likeness carries with it any intristic value.

If she's right Lindsay probably deserves to win, she's a mess IRL, but from how this sounds the portrayal in GTA5, especially one that has her dealing with ultra-violent criminal elements (ie the player characters) to solve problems is not exactly flattering. A point which came up in the Mcfarlane case I believe, since casting an Athlete as a career criminal isn't exactly flattering. What's more they probably could have actually hired Lindsay Lohan to do the role, but to be fair probably didn't even try, because even as a somewhat faded star (for the moment at least) she's still got enough celebrity oomph (whether you like her or not) to demand more money than Rockstar probably wanted to pay for a bit part. What's more people are a LOT more aware of video games and the money to be made off of them nowadays than they were when "Space Channel 5" was released.

Lindsay isn't one of my favorite celebrities to be sure, but I don't hate her like some people do. She usually comes across like a messed up kid to me more than anyone really evil, and she does seem to have some talent along with a decent. From that perspective which is about as close to neutral as you can get, if I had to make a judgement on this case from what is said here, I'd have to see the bits from the game, and if it's an obvious reference/likeness I'd award Lindsay whatever the average asking price her agent demands for a few recording sessions or a film/TV appearance and then force Rockstar to pick up her legal costs. I would not however bankrupt Rockstar or anything over it. I'd imagine at the end of the day I'd wind up costing them a few million dollars.

Maybe, but from my understanding they're using a vague likeness to easily convey a certain archetype rather then saying, "hey Lindsy Lohan is in our game." That really isn't enough for me. I could be wrong but I really don't see it.

Guess the backup supply of drugs was running low.

TMZ news source?

*sigh*

<.<

Well... It is kindof funny. I doubt she'd go through with it seeing as she didn't sue Robot Chicken over this.

Loki_The_Good:
Using a likeness as satire ... So if she wins this does that mean that SNL will be forced off the air? seriously no one bought this game thinking it was backed by her likeness. How desperate for attention is she.

1337mokro:
I pity the lawyer that has to argue that case. "Satire should be made illegal!"

Zachary Amaranth:
*snip*

The argument is going to be based on the right of publicity, where an individual has a right to their own image for commercial purposes, similar to a trademark claim. Truthfully, her claim is going to be very difficult, as such laws tend to be narrowly construed to actual images of the person and not created images or references.

The Gentleman:
*snip*

It's interesting that you snip me so it now looks like I'm in accordance with the other posters.

Zachary Amaranth:

The Gentleman:
*snip*

It's interesting that you snip me so it now looks like I'm in accordance with the other posters.

You were claiming defenses (fair use parody[1]) that were in line with their understanding of what the claim would be. My point is that it's a different claim entirely and not subject to the defenses raised.

[1] Funfact: Satire, because it is a broader commentary and doesn't require a specific reference, does not enjoy the same fair use protections as parody

Considering what Lindsay Lohan is doing, if I was her, I'd consider it an honour to be in a video game and not have to do any work.

 Pages PREV 1 2

Reply to Thread

Posting on this forum is disabled.