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Expert Analysis

Lohan Decision Is Good News For Video Game Industry

By David Jacoby (April 5, 2018, 2:43 PM EDT) -- The New York Court of Appeals ruled March 29 that a video game avatar can be a "portrait" within the meaning of the state's statutes banning depictions of individuals without permission, but turned away such claims by Lindsay Lohan and Karen Gravano, finding none of the images over which they had filed suit was "recognizable" as either one of them.[1] This was mostly good news for the multibillion-dollar video game industry, although it left unresolved another issue in the case: what constitutes a use in trade or advertising under the statutes....

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