In Lindsay Lohan v. Take􍾢Two Interactive Software, Inc., et al., the court held that the lawsuit failed because GTA V did not feature Lohan’s name, portrait, picture, or voice as required by New York Civil Rights Law Section 51. The court emphasized that, even if the GTA V characters were close approximations of Lohan, GTA V never featured the celebrities’ pictures, names, or acting talent in GTA V or in advertising materials for the game. The purpose of the study is to analyze legal solutions of this case and to study on considerations to be treated by game creators to protect the game business from a claim of infringement of right of publicity. To achieve the purpose, the study analyzed the Appellate Division of Supreme Court's decision by examining the legal points in the case. On the basis of the results of the analysis, the study found desirable principles to be applied to create game design effectively from right of publicity dispute.

ABSTRACT
  1. 서론
  2. 사건의 배경과 소송의 진행 과정
  3. 뉴욕 주 항소법원의 판결의 논지
  4. 한국의 퍼블리시티권과 표현의 자유
  5. 게임 제작상의 시사점
  6. 결론
  참고문헌

• 서계원(College of Law, Dongguk University) | Suh, Kye Won