News > February 22, 2013

Lindsay Lohan’s lawsuit against Pitbull has been defeated because Pitbull makes “art”

pitbullPitbull has defeated a lawsuit filed by Lindsay Lohan in which she claimed he violated her “publicity rights and caused her emotional distress” after mentioning her disparagingly in ‘Give Me Everything’.

We mentioned it all here.

The lawsuit was filed back in November 2011 and focuses on the following lyric from rap’s very own Keats: “So, I’m toptoein’, to keep flowin’, I got it locked up, like Lindsay Lohan.”

However, a judge has ruled that because the song is a work of art (ahem), it’s protected by the First Amendment.

Lohan’s lawyer had questioned its validity as a piece of art (!) by saying it was basically released to make money.

“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,” the judge stated (as quoted here).

So there we have it: Pitbull is actually an artist.