Advertise
Resources
Member, Beacon International Group, Ltd.
An appeals court has ruled against a backup singer for the rap group Cypress Hill who claimed game makers misappropriated his likeness to create the main character for “Grand Theft Auto: San Andreas.”
In his lawsuit against Rockstar Games and Take-Two Interactive Software Inc., Michael “Shagg” Washington also describes himself as a professional model and claims that his likeness was stolen to create the game’s hero named CJ. He sought $250 million in damages and argued that in 2003 he met with game developers and described his former life as a gang member to them. Mr. Washington further claimed that a third party gave the game developers photos of him from a magazine.
Years after the meeting, Mr. Washington learned from a nephew that many people suspected he was CJ and he filed the lawsuit.
But a judge dismissed the case, ruling that the video was an “expressive work” entitled to First Amendment protection. The judge also ruled that Mr. Washington failed to present adequate evidence that CJ was based on his image.
“Plaintiff is relying entirely on CJ’s physical appearance in the game, but that appearance is so generic that it necessarily includes hundreds of other black males,” the judge said.
Unfortunately for Mr. Washington, the appeals court agreed, finding that he “introduced no evidence indicating that the fictionalized locations, characters or events in the video game are based on his own life.”
In addition to pumpkin carving and trick-or-treating, lawsuits can be added to the list of longstanding traditions linked to Halloween.