Cypress Hill backup singer Michael "Shag" Washington is suing Rockstar Games and publisher Take-Two for $250 million dollars, or 25 percent of the profits of Grand Theft Auto: San Andreas -- which he claims used his likeness without permission.
Washington filed a claim on Monday in Los Angeles Superior Court alleging that the character Carl "CJ" Johnson is based on his appearance and life story. He claims that in 2003, Rockstar consulted him for stories on "gang and street life" to help inform their development of the game, and promised to contact him if they used any of his material.
But Washington says he never heard from the developer, and not being much into the world of video games, only recently was told about San Andreas' launch by a nephew. On examining the title, Washington felt that the character and his stories resembled him and were based on the information he'd given to Rockstar.
"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," reads the complaint.
Take-Two plans to dispute the claim: "The Company believes the lawsuit is completely without merit and will vigorously defend itself in the matter," a representative told consumer website IGN.
If you're going to run a story about someone suing a game company for illegally using his likeness, and you're going to show a picture of the character in the game who is the focus of the lawsuit, please also post a picture of the person bringing the lawsuit!
If it was just because Rockstar made a game that kind of resembled Shagg's look and life story, he would be hard pressed to sue them for anything (from what I've been told, the TV show "The Office" resembles the life of about a million people ;) ).
But if he can prove that Rockstar actually consulted him, and promised him something if they used his ideas, and they didn't honer that deal. Well that sounds like an actual case.
Shagg could be making all this up, but that's for the courts to decide.
The question is was it a verbal or written agreement? As the old saying goes if one is doing ANY sort of business with anyone, get it in writing. Otherwise good luck proving it was a real business deal if it was just them talking to each other. Unless Shagg has it all recorded, but something tells me he does not.
He himself states it was just an interview to possibly use him in the game. And they would call him if they were going to. So no, he has nothing in writing.
And the game was based on a different rapper, who even voiced the character. The claim is unfounded. And even if it wasnt, he has no ground to stand on.
I'm pretty sure he's not the only black guy wearing a wife beater who carries a "9" and rides a bike instead of a car.......unless it's stolen.
If CJ was a rapper who constantly smoked weed, his lawsuit might have some traction. But CJ doesn't really have a personality...so there are no grounds for this at all. How retarded.
And all "stories from the street" go something like: We started small time and before long we were robbing lots of people and selling lots of drugs. I got to know some unique personalities. Then the police got involved, or FBI, and either we got busted or they were corrupt. Our operation continued or we were screwed over. Lots of people got killed...see practically any crime movie ever.
For him to be able to sue for that much, wouldn't he have to prove that what they supposedly used of his materiel was responsible for 25% of the success of the game?
On the whole I really doubt that this is a legitimate lawsuit. I doubt that the creative talent at Rockstar are so starved for gangster ideas that they would have just lifted his story as is, and put it in the game.
Is it actually possible for anyone to earn $250,000,000 for story consultation on a single game project? The guy who played Niko Bellic complained he only made $100,000 for all his work. Bellic was 100 times better than the CJ character (and the paid guy actually did work).
Well known movie stars charge between $15,000-$60,000k for cameos and voice over work in a game, and that's usually around 24-40 hours of work and maybe a couple marketing ops. Someone not famous, far less at ~$100 per hour.
Even if his story is true, he should have at least sued for what he reasonably would have been paid for his services plus unspecified punitive damages and legal expenses... like 4-5x of what he would have made if paid. $100,000 to be generous. Where does this magic 2500x multiplier come in? I mean, seriously?
This story is about IP (his back story) in which he "claims" to own. Has nothing to do with acting.
I don't doubt he shared material with Rockstar but if he didn't take measures to treat his life story as an IP, then there isn't much he can do. Like the 33 Chilean Miners stuck for 69 days. ALL of them agreed to not talk about their experiences until they get situated and consulted the right people, set contracts,ect. for reasons I don't have to delve into, that story is worth a lot of money. Now granted, Washington's story probably wouldn't garner much media interest but that's still beside the point.
If no paper work was involved prior to this conversation or if he didn't copy write anything associated with his back story, then this law suit really doesn't have much merit. Even if there's proof they jacked him without paper work involved, I can take anything about anyone I talk to at a coffee shop or run into on the street. (hell Super Mario was based off a building manager, he never received a cent and it's a FACT it's based off him)
I don't know if this is the right place to mention this, but if any game developers are making a game about a nerdy middle-class guy who grew up in the suburbs in New England, I could provide a couple of stories and a two hour consultation for only 25% of your total profits or $250,000,000. Which ever comes first. (Plus expenses.)
I loved the game, but I can't believe it sold that much. It didn't seem that big to me at the time, I guess.
But if he can prove that Rockstar actually consulted him, and promised him something if they used his ideas, and they didn't honer that deal. Well that sounds like an actual case.
Shagg could be making all this up, but that's for the courts to decide.
And the game was based on a different rapper, who even voiced the character. The claim is unfounded. And even if it wasnt, he has no ground to stand on.
I'm pretty sure he's not the only black guy wearing a wife beater who carries a "9" and rides a bike instead of a car.......unless it's stolen.
And all "stories from the street" go something like: We started small time and before long we were robbing lots of people and selling lots of drugs. I got to know some unique personalities. Then the police got involved, or FBI, and either we got busted or they were corrupt. Our operation continued or we were screwed over. Lots of people got killed...see practically any crime movie ever.
On the whole I really doubt that this is a legitimate lawsuit. I doubt that the creative talent at Rockstar are so starved for gangster ideas that they would have just lifted his story as is, and put it in the game.
Well known movie stars charge between $15,000-$60,000k for cameos and voice over work in a game, and that's usually around 24-40 hours of work and maybe a couple marketing ops. Someone not famous, far less at ~$100 per hour.
Even if his story is true, he should have at least sued for what he reasonably would have been paid for his services plus unspecified punitive damages and legal expenses... like 4-5x of what he would have made if paid. $100,000 to be generous. Where does this magic 2500x multiplier come in? I mean, seriously?
I don't doubt he shared material with Rockstar but if he didn't take measures to treat his life story as an IP, then there isn't much he can do. Like the 33 Chilean Miners stuck for 69 days. ALL of them agreed to not talk about their experiences until they get situated and consulted the right people, set contracts,ect. for reasons I don't have to delve into, that story is worth a lot of money. Now granted, Washington's story probably wouldn't garner much media interest but that's still beside the point.
If no paper work was involved prior to this conversation or if he didn't copy write anything associated with his back story, then this law suit really doesn't have much merit. Even if there's proof they jacked him without paper work involved, I can take anything about anyone I talk to at a coffee shop or run into on the street. (hell Super Mario was based off a building manager, he never received a cent and it's a FACT it's based off him)