Lohan v. Take-Two Interactive Software, Inc.
Court for the Trial of Impeachments and Correction of Errors
1Opinion of the CourtFahey, J.
*391**782The primary questions on this appeal are whether an avatar (that is, a graphical representation of a person, in a video game or like media) may constitute a "portrait" within the meaning of Civil Rights Law §§ 50 and 51 and, if so, whether the images in question in the video game central to this matter are recognizable as plaintiff. We conclude a computer generated image may constitute a portrait within the meaning of that law. We also conclude, however, that the subject images are not recognizable as plaintiff, and that the amended complaint, which contains four causes of action for…
2Cases cited31 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Time, Inc. v. HillSupreme Court of the United States · 1967
- Howell v. New York Post Co.New York Court of Appeals · 1993
- 511 West 232nd Owners Corp. v. Jennifer Realty Co.New York Court of Appeals · 2002
- Roberson v. . Rochester Folding Box Co.New York Court of Appeals · 1902
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3Cited by13 opinions
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- People v. WitherspoonAppellate Division of the Supreme Court of the State of New York · 2022
- Gravano v. Take-Two Interactive Software, Inc.Court for the Trial of Impeachments and Correction of Errors · 2018
- In Re ELSTERCourt of Appeals for the Federal Circuit · 2022
- In Re ELSTERCourt of Appeals for the Federal Circuit · 2022
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