Lindsay Lohan’s case against Take-Two Interactive over a Grand Theft Auto 5 character was rejected by New York state’s highest court.
Lohan’s suit claimed that the Grand Theft Auto 5 character Lacey Jonas, who appears in an in-game event, was an unlawful use of her likeness.
A New York Supreme Court judge ruled against Lohan, Polygon reported, which was upheld by the Court of Appeals. The question came down to whether Lacey Jones, which was also heavily featured on promotional materials the box and disc art for the game, could be considered a portrait of Lohan. The courts ultimately decided that it did not noting that the characterization was “indistinct, satirical representations of the style, look, and persona of a modern, beach-going young woman that are not reasonably identifiable as plaintiff.”
However, the ruling does note that video game characters can serve as a likeness, similar to photographs and other depictions, even if the Lacey Jones character did not apply to Lohan.
Lohan has the option to appeal to the United State Supreme Court, Polygon notes, but she would have to prove that the state’s privacy laws conflict with Constitutional law or precedent.
More Must-Reads From TIME
- The 100 Most Influential People of 2024
- The Revolution of Yulia Navalnaya
- 6 Compliments That Land Every Time
- What's the Deal With the Bitcoin Halving?
- If You're Dating Right Now , You're Brave: Column
- The AI That Could Heal a Divided Internet
- Fallout Is a Brilliant Model for the Future of Video Game Adaptations
- Want Weekly Recs on What to Watch, Read, and More? Sign Up for Worth Your Time
Contact us at letters@time.com