- May 16, 2017
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These two cases are not even remotely similar. The Lohan-GTA thing was a stretch from the get-go. In SS, we have the person identifying themselves by their actual and stage names, after a character recognizes them. Lohan had to establish that Rockstar was infringing her right of publicity by establishing that the game character was in fact meant to be 'read' as Lindsay Lohan; here, DC has already done that for any prospective finder of fact in the case of Ms PureRuby87/Tatiana by plainly stating in gameplay that it's her.Fair use is a judicial defense. Likeness on a Z-list celebrity really doesn't apply similar to how GTA being sued by Lindsay Lohan is ridiculous and laughed out of court.
And right of publicity is right of publicity. It's not like it's more of an infringement when it's against, say, George Clooney, than it would be against you or me. We would have the same cause of action and be entitled to the same relief. It's just much more likely to happen to the A-lister than to anonymous h-gamers, and the A-lister is likely going to obtain greater damages.