So, apparently you don’t even have to be famous in order to sue a publisher for using your likeness in a video game, because that is exactly what Michael “Shagg” Washington is doing. Shagg is a “backup singer” in hip-hop act Cypress Hill, and he claims that Rockstar based a character in GTA: San Andreas on him.
In fairness, he did meet with Rockstar in 2003, when he shared details of his life growing up in the gangs. Now, seven years later, he posits that ‘CJ’, a character from the game, is based directly on him. Apparently Washington thought that the guys from Rockstar took an interest in his life for collective personal reasons, and obviously didn’t think to ask what they would be using the information for.
According to his lawyers, “the plaintiff had never seen the game. He did not own or play video games, but it seemed possible that he had been included in the game.”
“He then recalled the meeting in or about 2003, and it began to dawn on him that his image had been stolen for the game.”
“Upon examination of images of ‘CJ’ and comparison to his photos from that year and other evidence, it became clear that Rockstar had stolen his image and never paid him.”
Naturally, Washington feels he is entitled to a full 25% of the profits made from the game, because obviously the use of his likeness made one in every four people who bought the game do so. He is suing publisher Take-Two for fraud, misappropriation of likeness and infringement – all for a whopping US$250 million (±R1,728 million).
Take-Two has responded, saying that they will fight the case. IGN has published the legal docoments, you can check them out here.
Discuss Michael “Shagg” Washington suing Take-Two for fraud on the MyGaming forum.