New York’s Right of Publicity – Take Two

We had previously written about a September 1, 2016 ruling from a New York State appeals court relating to New York’s right of publicity and claims brought by celebrities Lindsay Lohan and Karen Gravano against the creator and distributor of the video game “Grand Theft Auto V.” On March 29, 2018, New York’s highest court weighed in on the question, upholding the appellate court, but on narrower grounds. Lohan v. Take-Two Interactive Software, Inc. et al., Nos. 23 & 24 (N.Y. Mar. 29, 2018). Most of our readers are probably familiar with “Grand Theft Auto V” – the latest installment of the wildly popular video game franchise. The game – which takes place in a fictional American city – involves approximately 80 main story “missions” and optional random events, including encounters with other characters (avatars). In their cases, the two celebrities, Lindsay Lohan and Karen Gravano (from TV’s “Mob…

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