As video games started to become more photo-realistic, we started to see more celebrities commenting on the possibility that game companies could be using their likenesses to create characters. Lohan wasn’t the only celebrity to sue overGTA 5, asreality star Karen Gravanoalso claimed the game had unfairly used her likeness. Although he wasn’t litigious about it, Elliot Page expressed frustration about Ellie fromThe Last of Usbearing a strong resemblance to him without his permission.Comments like this from celebrities bring mainstream attention to games, and it’s something that hasn’t happened forGTA 6(yet).
Wait, Why Did Lindsay Lohan Sue Rockstar Games?
Lindsay Lohan Claimed Rockstar Used Her Likeness Without Permission
Back in 2014, Lindsay Lohan sued Rockstar Games,claiming that the developer had unfairly used her appearance, voice, and clothing label to create one of the game’s characters: Lacey Jonas. It was a landmark case, as a major celebrity was suing one of teh largest video game studios of all time. As reported byThe Guardianat the time, Jonas does bear some resemblance to Lohan, both in appearance and through certain story beats. AsThe Guardianpiece points out, Jonas is hounded by paparazzi and struggling with an eating disorder, similar to Lohan’s circumstances around the time ofGTA 5’s release.
There also seemed to be a bit of confusion at the time in the reporting on the lawsuit,as many outlets conflated Lacey Jonas with the unnamed woman in the red bikini who appears in key art forGrand Theft Auto 5, but not in the game itself. Lohan cited this image as another potential use of her likeness. As reported by theBBCin 2016, Lohan’s legal team argued that a 2007 photo of the actress was used as inspiration for the image of the bikini-clad woman inGTA 5that some fans have dubbed “Beach Girl.”
What Happened To Lohan Vs. GTA 5?
Lindsay Lohan’s Case Was Dismissed Initially And During Her Appeal
Lohan initially started her case against Rockstar Games in 2014. Shortly after the case was brought forward, Take-Two and Rockstar attempted to get the case dismissed. As reported by theAP, the developers were arguing that the lawsuit was frivolous and “filed for publicity purposes.” Take-Two argued that the only visual similarities between Lohan and Jonas were that they were both “young, blonde [women].“The case did end up being dismissed in 2016, though that wasn’t the end of it. Lohan went on to appeal her case, a process that kept the lawsuit somewhat alive for the following two years.
In 2018, the New York Court of Appeals unanimously rejected Lohan’s case against Rockstar. According to theBBC, the judges parroted Take-Two’s assertion that the character simply looked like a “generic young woman.” Interestingly enough, the case did uphold the idea that video game characters could be considered a “portrait” of a real-life person. Though the court didn’t agree thatGTA 5had used Lohan’s likeness, this ruling did create some legal precedent for video game characters to be used in future cases, were there to be a stronger resemblance between the character and a real person.
Although it could be argued that there is more resemblance between Lindsay Lohan and Lacey Jonas than simply their appearance,it’s hard to say any of Jonas' traits were unique to Lohan. Aside from Lohan, Britney Spears was similarly hounded by paparazzi in the years precedingGTA 5’s initial release. While Lohan has dealt with an eating disorder similar to Jonas, this is sadly such a pervasive issue, and not just among celebrities, that it’s hard to say Rockstar included this detail as a reference to Lohan specifically.
I wouldn’t be surprised if Lindsay Lohan was discussed byGTA 5’s development teamwhile creating the character of Lacey Jonas, but she was likely one of multiple celebrities who inspired the character. Jonas, like many characters inGTA 5, is a broad parody for the sake of satire and cultural commentary. Rockstar seems more concerned with satirizing archetypes of people than creating one-to-one versions of existing celebrities. For instance, Jay Norris shares similarities to both Mark Zuckerberg and the late Steve Jobs, but is meant more as a caricature of tech billionaires than either man specifically.
A Cultural Moment That GTA 6 Can’t Replicate
It’s Unlikely Any Celebs Will Sue GTA 6
Seeing as neither Lindsay Lohan nor Karen Gravano were able to win their cases against Rockstar forGTA 5,it seems very unlikely any celebrities will be testing their luck by suingGTA 6. Likewise, Rockstar was probably extra cautious duringGTA 6’s development cycle to ensure their characters remained broad parodies as opposed to specifically recreating the likenesses of any celebrities without permission. This meansGTA 6likely won’t be the subject of any high-profile lawsuits that might capture the attention of a mainstream audience who wouldn’t otherwise pay much attention to its release.
That said,I’m not quite sureGTA 6really needs any help in terms of publicity.GTA 6’s first trailerhas over 200 million views on YouTube, and its second trailer has around 115 million, so there is clearly interest in the game already. There are also possibly just more people interested in video games now in general than there were in 2014. According toUSA Today, 63 million more people in the US started playing video games between 2019 and 2021. While these numbers may have fallen once COVID-19 restrictions were lifted, it’s likely some new players still game.
IfGTA 6has anything to worry about, it’s rumored $100 price tag could be more of an obstacle than a lack of publicity. That said, some players have already expressed they would be willing to pay$100 forGTA 6, so it may still be a success. It will be interesting to see if anything happens between now and next May to catapultGTA 6into the mainstream spotlight, but I’m not sure if it really needs it.
