Memorandum
To: LARW I Associates
From: Prof. Morath
Date: September 5, 2014
Re: Lindsay Lohan’s claim re invasion of right to privacy1
I have a new assignment for you. Lindsay Lohan is a new client of ours. You may know Ms.
Lohan for her acting career during her pre-teen and teen years (The Parent Trap, Mean Girls,
Freaky Friday—I loved them all!), but more likely, you know her for her run-ins with the law,
which, unfortunately, have been somewhat consistent since 2007. Since 2007, she has been
arrested two times for DUIs and violating terms of her probation, and has charged with burglary,
to which she plead no contest. More recently, she was arrested for a hit-and-run; the charges
were later dropped. She is frequently the subject of tabloid fodder, but her sordid past has been
reported on legitimate news sources. See http://www.huffingtonpost.com/2012/06/24/lindsaylohan-legal-timeline_n_1618579.html; http://www.cnn.com/2012/03/28/showbiz/lohan-troubledtimeline/.
Recently, Rockstar Games released for public purchase the latest version of Grand Theft Auto—
Grand Theft Auto V. Grand Theft Auto is an action-adventure video game series where the
player is a criminal who must complete various missions, including assassinations and other
violent crimes. The series is extremely popular with males aged 18-30; in fact, Grand Theft
Auto V grossed more than $250,000 million in the first day of sales, the largest one-day sale of a
video game in history.
Here is the problem: Lindsay claims that Rockstar Games and its creators have used her image
on the cover of Grand Theft Auto V without her permission. For that reason, she would like to
sue the company (and everyone associate with the production of the cover).
Here is what we know:
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1
Lindsay did not agree to have her picture used.
Lindsay did not know that her picture was going to be used.
Two months prior to the release of the game, Rockstar contacted an ad agency looking for a
“Lindsay Lohan look-alike.” (That request is attached)
Lindsay also has a mildly successful clothes & product line, which makes hats, sunglasses, and
jean shorts.
This memo problem is adopted from one used by LRW professors at Widener University Commonwealth Law
School. I treat this as a closed memo assignment. If you would like the cases I use, please feel free to email me
(Sarah Morath) at [email protected].
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She frequently wears products from this close-line, which were for sale two years prior to the
release of the game.
Lindsay asserts that she owns and has worn similar hats, sunglasses, and jean shorts in public and
a quick google search confirms that she often appears in a similar fedora hat, sunglasses, and jean
shorts. (But so do a lot of people!)
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The image of the Grand Theft Auto V cover is below:
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A disclaimer was included on the inside which states that any similarities to real persons are
coincidental.
What I would like you to do is draft a memo on whether based on this information, “the name, portrait,
picture or voice” element of section 50 of New York’s right to privacy has been satisfied. I’m sending
you the statute and corresponding cases. Use only the statute and the cases provided in your analysis.
Thanks so much for your help.

ROCKSTAR GAMES
12571 4TH AVE.
NEW YORK, NY 10051
(212) 555-3000
FAX (212) 555-3128
E-MAIL [email protected]
Ms. Ellen Anderson
Famous Faces, Inc.
327 10th Ave.
Suite 501
New York, NY 10051
Dear Ellen:
We are in the midst of completing Grand Theft Auto V. I need to find a Lindsay Lohan lookalike for the cover. We will hold auditions the week of October 15 at our offices. Here are the
requirements.
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Caucasian female
Age 22-29
Height 5’1” – 5’3”
Strawberry-blond hair (long, wavy, but not curly)
Slim build
I am hopeful that you know of someone who will fit these specs. Please give me a call if you
have any leads or want to discuss this in more detail.
Sincerely,
Louis A. Rockstar, Jr.
Assistant Vice President for Product Development
NY CLS Civ R § 50
NEW YORK CONSOLIDATED LAWS SERVICES
CIVIL RIGHTS LAW
ARTICLE 5. RIGHT OF PRIVACY
NY CLS Civ R § 50 (2000)
§ 50. Right of privacy
A person, firm or corporation that uses for advertising purposes, or for the purposes of trade, the
name, portrait or picture of any living person without having first obtained the written consent of
such person, or if a minor of his or her parent or guardian, is guilty of a misdemeanor.
NY CLS Civ R § 51
NEW YORK CONSOLIDATED LAWS SERVICES
CIVIL RIGHTS LAW
ARTICLE 5. RIGHT OF PRIVACY
NY CLS Civ R § 51 (2000)
§ 51. Action for injunction and for damages
Any person whose name, portrait [fig 1] , picture or voice is used within this state for
advertising purposes or for the purposes of trade without the written consent first obtained as
above provided may maintain an equitable action in the supreme court of this state against the
person, firm or corporation so using his name, portrait [fig 2] , picture or voice, to prevent and
restrain the use thereof; and may also sue and recover damages for any injuries sustained by
reason of such use and if the defendant shall have knowingly used such person’s name, portrait
[fig 3] , picture or voice in such manner as is forbidden or declared to be unlawful by section
fifty of this article, the jury, in its discretion, may award exemplary damages….