Friday, February 22, 2013
Lindsay Lohan Loses Lawsuit Against Pitbull Over Hit Song
The actress sued after getting mentioned in a rap song, but a judge says that the claim doesn't survive a First Amendment review. Plus, Lohan's lawyer gets sanctioned for plagiarism.
A judge has dropped the hammer on Lindsay Lohan's lawsuit against Pitbull.
The troubled actress sued the hip hop star in 2011 over the song, ""Give Me Everything," which included the line, "So, I'm toptoein', to keep flowin', I got it locked up, like Lindsay Lohan."
Lohan claimed the lyric was a violation of her publicity and publicity rights and caused her emotional distress.
On Thursday, U.S. District Judge Denis Hurley dismiss the lawsuit on Thursday, ruling the song a protected work of art. Additionally, Lohan's lawyer is sanctioned for plagiarism in the lawsuit.
Pitbull, whose real name is Armando Christian Perez, released the song on March 18, 2011.
Lohan sued in November, saying that the song "includes an unwarranted, unauthorized, and unfavorable mention of [her] name and personality, and allusions to [her] physical and mental character."
Judge Hurley responds that the publicity/privacy rights claim, based on a provision of New York Civil Rights law, doesn't apply to works of art, and that the First Amendment affords full protection. The judge also rejects Lohan's argument that the song was commercial rather than expressive in nature.
"The fact that the Song was presumably created and distributed for the purpose of making a profit does not mean that plaintiff's name was used for 'advertising' or 'purposes of trade' within the meaning of the New York Civil Rights Law," writes the judge.
Read the Full Ruling Here... http://www.hollywoodreporter.com/sites/default/files/custom/Documents/ESQ/lohan.pdf
Putbull's attorneys wanted to sanction the actress for filing a frivolous lawsuit.
Judge Hurley doesn't think that's warranted because there hasn't really ever been much case law addressing the legality of the the use of a name of a public figure in a song. Without such precedent, Lohan couldn't be steered away from an ultimately doomed case. "The Court finds that plaintiff's claims are not so frivolous as to warrant the imposition of sanctions," says the judge.
Read More... http://www.hollywoodreporter.com/thr-esq/lindsay-lohan-loses-lawsuit-pitbull-423228