In February, former Mob Wives star Karen Gravano filed a right-of-publicity lawsuit against the makers of Grand Theft Auto V, claiming that they misappropriated her image and life story for a character in the popular video game. Being a colorful story, even the New York tabloids took notice:
The hit video game “Grand Theft Auto V” is illegally imitating life, according to a former “Mob Wives” star. —Daily News1
The makers of “Grand Theft Auto” better hope they don’t wake up next to a horse head. —New York Post2
Media lawyers were interested too. Not because Ms. Gravano is a reality star, or because she’s the daughter of Salvatore (Sammy the Bull) Gravano, a famous mobster who turned state’s evidence. Not even because Grand Theft Auto is one of the most successful video-game franchises around. Media lawyers took notice because this case is one more in a string of recent cases raising a significant common question: To what extent does the law protect the rights of content creators—writers, filmmakers, musicians, visual artists, photographers, and yes, video-game makers—to draw on real-life individuals and events to create expressive works? For years this was a relatively settled issue particularly in New York, and creators took comfort that they were largely protected from right-of-publicity claims. This status quo has been upended with a growing spate of successful suits against expressive works elsewhere in the country. Will Gravano’s action introduce the same confusion to New York’s relatively settled law?
Right of Publicity in New York
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
