Forged digital likenesses

AN ACT Relating to forged digital likenesses; and amending RCW 1
63.60.010, 63.60.020, and 63.60.050. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
Sec. 1. RCW 63.60.010 and 2008 c 62 s 1 are each amended to read 4
as follows: 5
Every individual or personality has a property right in the use 6
of his or her name, voice, signature, photograph, forged digital 7
likeness, or likeness. Such right exists in the name, voice, 8
signature, photograph, forged digital likeness, or likeness of 9
individuals or personalities deceased before, on, or after June 11, 10
1998. This right shall be freely transferable, assignable, and 11
licensable, in whole or in part, by any otherwise permissible form of 12
inter vivos or testamentary transfer, including without limitation a 13
will or other testamentary instrument, trust, contract, community 14
property agreement, or cotenancy with survivorship provisions or 15
payable-on-death provisions, whether the will or other testamentary 16
instrument, trust, contract, community property agreement, or 17
cotenancy document is entered into or executed before, on, or after 18
June 11, 1998, by the deceased individual or personality or by any 19
subsequent owner of the deceased individual's or personality's rights 20
as recognized by this chapter; or, if none is applicable, then the 21
S-3581.2
SENATE BILL 5886
State of Washington 69th Legislature 2026 Regular Session
By Senators Boehnke, Dozier, Nobles, Valdez, and J. Wilson
Prefiled 12/15/25. Read first time 01/12/26. Referred to Committee
on Law & Justice.
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owner of the rights shall be determined under the laws of intestate 1
succession applicable to interests in intangible personal property. 2
The property right does not expire upon the death of the individual 3
or personality, regardless of whether the law of the domicile, 4
residence, or citizenship of the individual or personality at the 5
time of death or otherwise recognizes a similar or identical property 6
right. The right exists whether or not it was commercially exploited 7
by the individual or the personality during the individual's or the 8
personality's lifetime. The rights recognized under this chapter 9
shall be deemed to have existed before June 11, 1998, and at the time 10
of death of any deceased individual or personality or subsequent 11
successor of their rights for the purpose of determining the person 12
or persons entitled to these property rights as provided in RCW 13
63.60.030. This chapter is intended to apply to all individuals and 14
personalities, living and deceased, regardless of place of domicile 15
or place of domicile at time of death. 16
Sec. 2. RCW 63.60.020 and 2008 c 62 s 2 are each amended to read 17
as follows: 18
Unless the context clearly requires otherwise, the definitions in 19
this section apply throughout this chapter. 20
(1) "Deceased individual" means any individual, regardless of the 21
individual's place of domicile, residence, or citizenship at the time 22
of death or otherwise, who has died within ten years before January 23
1, 1998, or thereafter. 24
(2) "Deceased personality" means any individual, regardless of 25
the personality's place of domicile, residence, or citizenship at the 26
time of death or otherwise, whose name, voice, signature, photograph, 27
or likeness had commercial value at the time of his or her death, 28
whether or not during the lifetime of that individual he or she used 29
his or her name, voice, signature, photograph, or likeness on or in 30
products, merchandise or goods, or for purposes of advertising or 31
selling, or soliciting the purchase or sale of, products, 32
merchandise, goods, or services. A "deceased personality" includes, 33
without limitation, any such individual who has died within fifty 34
years before January 1, 1998, or thereafter. 35
(3) "Forged digital likeness" means a visual representation of an 36
actual and identifiable individual, or an audio recording of an 37
actual and identifiable individual's voice, which:38
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(a) Has been digitally created, adapted, altered, or modified to 1
be indistinguishable from a genuine visual representation or audio 2
recording of the individual;3
(b) Misrepresents the appearance, speech, or conduct of the 4
individual; and5
(c) Is likely to deceive a reasonable person into believing that 6
the visual representation or audio recording is genuine.7
(4) "Fund-raising" means an organized activity to solicit 8
donations of money or other goods or services from persons or 9
entities by an organization, company, or public entity. A fund-10
raising activity does not include a live, public performance by an 11
individual or group of individuals for which money is received in 12
solicited or unsolicited gratuities. 13
(((4))) (5) "Individual" means a natural person, living or dead.14
(((5))) (6) "Likeness" means an image, painting, sketching, 15
model, diagram, or other clear representation, other than a 16
photograph, of an individual's face, body, or parts thereof, or the 17
distinctive appearance, gestures, or mannerisms of an individual.18
(((6))) (7) "Name" means the actual or assumed name, or nickname, 19
of a living or deceased individual that is intended to identify that 20
individual. 21
(((7))) (8) "Person" means any natural person, firm, association, 22
partnership, corporation, joint stock company, syndicate, receiver, 23
common law trust, conservator, statutory trust, or any other concern 24
by whatever name known or however organized, formed, or created, and 25
includes not-for-profit corporations, associations, educational and 26
religious institutions, political parties, and community, civic, or 27
other organizations. 28
(((8))) (9) "Personality" means any individual whose name, voice, 29
signature, photograph, or likeness has commercial value, whether or 30
not that individual uses his or her name, voice, signature, 31
photograph, or likeness on or in products, merchandise, or goods, or 32
for purposes of advertising or selling, or solicitation of purchase 33
of, products, merchandise, goods, or services. 34
(((9))) (10) "Photograph" means any photograph or photographic 35
reproduction, still or moving, or any videotape, online or live 36
television transmission, of any individual, so that the individual is 37
readily identifiable. 38
(((10))) (11) "Signature" means the one handwritten or otherwise 39
legally binding form of an individual's name, written or authorized 40
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by that individual, that distinguishes the individual from all 1
others. 2
Sec. 3. RCW 63.60.050 and 1998 c 274 s 5 are each amended to 3
read as follows: 4
Any person who uses or authorizes the use of a living or deceased 5
individual's or personality's name, voice, signature, photograph, 6
forged digital likeness, or likeness, on or in goods, merchandise, or 7
products entered into commerce in this state, or for purposes of 8
advertising products, merchandise, goods, or services, or for 9
purposes of fund-raising or solicitation of donations, or if any 10
person disseminates or publishes such advertisements in this state, 11
without written or oral, express or implied consent of the owner of 12
the right, has infringed such right. An infringement may occur under 13
this section without regard to whether the use or activity is for 14
profit or not for profit. 15
--- END ---
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