Personality rights

AN ACT Relating to updating personality rights protections; and 1
amending RCW 63.60.010, 63.60.020, 63.60.030, 63.60.050, 63.60.060, 2
and 63.60.070. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 63.60.010 and 2008 c 62 s 1 are each amended to read 5
as follows: 6
Every individual or personality has a property right in the use 7
of his or her name, voice, signature, photograph, or likeness in any 8
medium in any manner . Such right exists in the name, voice, 9
signature, photograph, or likeness in any medium in any manner of 10
individuals or personalities deceased before, on, or after June 11, 11
1998. This right shall be freely transferable, assignable, and 12
licensable, in whole or in part, by any otherwise permissible form of 13
inter vivos or testamentary transfer, including without limitation a 14
will or other testamentary instrument, trust, contract, community 15
property agreement, or cotenancy with survivorship provisions or 16
payable-on-death provisions, whether the will or other testamentary 17
instrument, trust, contract, community property agreement, or 18
cotenancy document is entered into or executed before, on, or after 19
June 11, 1998, by the deceased individual or personality or by any 20
subsequent owner of the deceased individual's or personality's rights 21
S-3467.1
SENATE BILL 6041
State of Washington 69th Legislature 2026 Regular Session
By Senators Wellman, Nobles, and Slatter
Prefiled 01/08/26. Read first time 01/12/26. Referred to Committee
on Law & Justice.
p. 1 SB 6041
as recognized by this chapter; or, if none is applicable, then the 1
owner of the rights shall be determined under the laws of intestate 2
succession applicable to interests in intangible personal property. 3
The property right does not expire upon the death of the individual 4
or personality, regardless of whether the law of the domicile, 5
residence, or citizenship of the individual or personality at the 6
time of death or otherwise recognizes a similar or identical property 7
right. The right exists whether or not it was commercially exploited 8
by the individual or the personality during the individual's or the 9
personality's lifetime. The rights recognized under this chapter 10
shall be deemed to have existed before June 11, 1998, and at the time 11
of death of any deceased individual or personality or subsequent 12
successor of their rights for the purpose of determining the person 13
or persons entitled to these property rights as provided in RCW 14
63.60.030. This chapter is intended to apply to all individuals and 15
personalities, living and deceased, regardless of place of domicile 16
or place of domicile at time of death. 17
Sec. 2. RCW 63.60.020 and 2008 c 62 s 2 are each amended to read 18
as follows: 19
Unless the context clearly requires otherwise, the definitions in 20
this section apply throughout this chapter. 21
(1) "Deceased individual" means any individual, regardless of the 22
individual's place of domicile, residence, or citizenship at the time 23
of death or otherwise, who has died within ten years before January 24
1, 1998, or thereafter. 25
(2) "Deceased personality" means any individual, regardless of 26
the personality's place of domicile, residence, or citizenship at the 27
time of death or otherwise, whose name, voice, signature, photograph, 28
or likeness in any medium in any manner had commercial value at the 29
time of his or her death, whether or not during the lifetime of that 30
individual he or she used his or her name, voice, signature, 31
photograph, or likeness in any medium in any manner on or in 32
products, merchandise or goods, or for purposes of advertising or 33
selling, or soliciting the purchase or sale of, products, 34
merchandise, goods, or services. A "deceased personality" includes, 35
without limitation, any such individual who has died within fifty 36
years before January 1, 1998, or thereafter. 37
(3) "Fund-raising" means an organized activity to solicit 38
donations of money or other goods or services from persons or 39
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entities by an organization, company, or public entity. A fund-1
raising activity does not include a live, public performance by an 2
individual or group of individuals for which money is received in 3
solicited or unsolicited gratuities. 4
(4) "Individual" means a natural person, living or dead.5
(5) "Likeness" means an image, painting, sketching, model, 6
diagram, or other clear representation, other than a photograph, of 7
an individual's face, body, or parts thereof, or the distinctive 8
appearance, gestures, or mannerisms of an individual.9
(6) "Name" means the actual or assumed name, or nickname, of a 10
living or deceased individual that is intended to identify that 11
individual. 12
(7) "Person" means any natural person, firm, association, 13
partnership, corporation, joint stock company, syndicate, receiver, 14
common law trust, conservator, statutory trust, or any other concern 15
by whatever name known or however organized, formed, or created, and 16
includes not-for-profit corporations, associations, educational and 17
religious institutions, political parties, and community, civic, or 18
other organizations. 19
(8) "Personality" means any individual whose name, voice, 20
signature, photograph, or likeness in any medium in any manner has 21
commercial value, whether or not that individual uses his or her 22
name, voice, signature, photograph, or likeness in any medium in any 23
manner on or in products, merchandise, or goods, or for purposes of 24
advertising or selling, or solicitation of purchase of, products, 25
merchandise, goods, or services. 26
(9) "Photograph" means any photograph or photographic 27
reproduction, still or moving, or any videotape, online or live 28
television transmission, of any individual, so that the individual is 29
readily identifiable. 30
(10) "Signature" means the one handwritten or otherwise legally 31
binding form of an individual's name, written or authorized by that 32
individual, that distinguishes the individual from all others.33
(11) "Voice" means a sound in a medium that is readily 34
identifiable and attributable to a particular individual, regardless 35
of whether the sound contains the actual voice or a simulation of the 36
voice of the individual.37
Sec. 3. RCW 63.60.030 and 2008 c 62 s 3 are each amended to read 38
as follows: 39
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(1) Every individual or personality has a property right in the 1
use of his or her name, voice, signature, photograph, or likeness in 2
any medium in any manner . Such right shall be freely transferable, 3
assignable, and licensable, in whole or in part, by contract or inter 4
vivos transfer. This right shall not expire upon the death of the 5
individual or personality, but shall be owned and enforceable by the 6
following successors, heirs, or other transferees of living or 7
deceased individuals or personalities: 8
(a) Except where such rights were transferred or assigned before 9
such deceased personality's death by means of any contract or trust 10
instrument, the right shall be owned by the person entitled to such 11
rights under the deceased individual's or personality's last will and 12
testament or, if none, then by the beneficiaries or heirs under the 13
laws of intestate succession applicable to interests in intangible 14
personal property generally of the individual's or personality's 15
domicile, regardless of whether the law of the domicile of the 16
deceased individual or personality, at the time of death, or 17
thereafter, recognizes a similar or identical property right; or18
(b) If the deceased individual or personality transferred or 19
assigned any interest in the personality rights during his or her 20
life by means of any contract or trust instrument, then the 21
transferred or assigned interest shall be held as follows:22
(i) If the transferred or assigned interest was held in trust, in 23
accordance with the terms of the trust; 24
(ii) If the interest is subject to a cotenancy with any 25
survivorship provisions or payable -on-death provisions, in accordance 26
with those provisions; 27
(iii) If the interest is subject to any contract, including 28
without limitation an exclusive license, assignment, or a community 29
property agreement, in accordance with the terms of the applicable 30
contract or contracts; 31
(iv) If the interest has been transferred or assigned to a third 32
person in a form that is not addressed in this section, by the 33
individual or personality, or the successor, heir, or other 34
transferee of the living or deceased individual or personality, then 35
the interest may be transferred, assigned, or licensed by such third 36
person, in whole or in part, by any otherwise permissible form of 37
inter vivos or testamentary transfer or, if none is applicable, under 38
the laws of intestate succession applicable to interests in 39
intangible personal property of the third person's domicile, 40
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regardless of whether the law of the domicile of the deceased third 1
party, at the time of death, or thereafter, recognizes a similar or 2
identical property right. 3
(2) A property right exists whether or not such rights were 4
commercially exploited by or under the authority of the individual or 5
the personality or the individual's or personality's successors or 6
transferees during the individual's or the personality's lifetime.7
(3) The rights recognized under this chapter shall be deemed to 8
have existed before June 11, 1998, and at the time of death of any 9
deceased individual or personality or subsequent successor of their 10
rights for the purpose of determining the person or persons entitled 11
to these property rights as provided in this section.12
Sec. 4. RCW 63.60.050 and 1998 c 274 s 5 are each amended to 13
read as follows: 14
((Any person who uses or authorizes the use of a )) (1) A living 15
or deceased individual's or personality's property right in the use 16
of the living or deceased individual's or personality's name, voice, 17
signature, photograph, or likeness in any medium in any manner , 18
((on)) is infringed upon if any person, without express or implied 19
written or oral consent of the owner of the right, knowingly:20
(a) Uses or authorizes the use of such right:21
(i) On or in goods, merchandise, or products entered into 22
commerce in this state((, or for));23
(ii) For purposes of advertising products, merchandise, goods, or 24
services((,)); or ((for))25
(iii) For purposes of fund-raising or solicitation of 26
donations((, or if any person disseminates));27
(b) Disseminates or publishes ((such)) advertisements described 28
in (a)(ii) of this subsection in this state ((, without written or 29
oral, express or implied consent of the owner of the right, has 30
infringed such right.)); or31
(c) Publishes, performs, distributes, transmits, or otherwise 32
makes available to the public a living or deceased individual's or 33
personality's voice or likeness in any medium in any manner.34
(2) An infringement may occur under this section without regard 35
to whether the use or activity is for profit or not for profit.36
Sec. 5. RCW 63.60.060 and 1998 c 274 s 6 are each amended to 37
read as follows: 38
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(1) The superior courts of this state may grant injunctions on 1
reasonable terms to prevent or restrain the unauthorized use of the 2
rights in a living or deceased individual's or personality's name, 3
voice, signature, photograph, or likeness in any medium in any manner 4
as described in RCW 63.60.050. 5
(2) Any person who knowingly infringes ((the)) a living or 6
deceased individual's or personality's rights under this chapter 7
shall be ((liable for the greater of one thousand five hundred 8
dollars or)) subject to a civil penalty of $3,000. Any individual or 9
personality, or the successor, heir, or other transferee of the 10
living or deceased individual or personality, may bring a civil 11
action against the person who knowingly infringes the individual's or 12
personality's rights under this chapter regardless of if the 13
infringement resulted in any profits. An individual or personality, 14
or the successor, heir, or other transferee of the living or deceased 15
individual or personality, is entitled to recover the actual damages 16
sustained as a result of the infringement, and any profits that are 17
attributable to the infringement and not taken into account when 18
calculating actual damages. To prove profits under this section, the 19
injured party or parties must submit proof of gross revenues 20
attributable to the infringement, and the infringing party is 21
required to prove his or her deductible expenses. For the purposes of 22
computing statutory damages, use of a name, voice, signature, 23
photograph, and/or likeness in any medium in any manner in or related 24
to one work constitutes a single act of infringement regardless of 25
the number of copies made or the number of times the name, voice, 26
signature, photograph, or likeness in any medium in any manner is 27
displayed. 28
(3) At any time while an action under this chapter is pending, 29
the court may order the impounding, on reasonable terms, of all 30
materials or any part thereof claimed to have been made or used in 31
violation of the injured party's rights, and the court may enjoin the 32
use of all plates, molds, matrices, masters, tapes, film negatives, 33
or other articles by means of which such materials may be reproduced.34
(4) As part of a final judgment or decree, the court may order 35
the destruction or other reasonable disposition of all materials 36
found to have been made or used in violation of the injured party's 37
rights, and of all plates, molds, matrices, masters, tapes, film 38
negatives, or other articles by means of which such materials may be 39
reproduced. 40
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(5) The prevailing party may recover reasonable attorneys' fees, 1
expenses, and court costs incurred in recovering any remedy or 2
defending any claim brought under this section. 3
(6) The remedies provided for in this section are cumulative and 4
are in addition to any others provided for by law. 5
Sec. 6. RCW 63.60.070 and 2004 c 71 s 3 are each amended to read 6
as follows: 7
(1) For purposes of RCW 63.60.050, the use of a name, voice, 8
signature, photograph, or likeness in any medium in any manner in 9
connection with matters of cultural, historical, political, 10
religious, educational, newsworthy, or public interest, including, 11
without limitation, comment, criticism, satire, and parody relating 12
thereto, shall not constitute a use for which consent is required 13
under this chapter. A matter exempt from consent under this 14
subsection does not lose such exempt status because it appears in the 15
form of a paid advertisement if it is clear that the principal 16
purpose of the advertisement is to comment on such matter.17
(2) This chapter does not apply to the use or authorization of 18
use of an individual's or personality's name, voice, signature, 19
photograph, or likeness in any medium in any manner , in any of the 20
following: 21
(a) Single and original works of fine art, including but not 22
limited to photographic, graphic, and sculptural works of art that 23
are not published in more than five copies; 24
(b) A literary work, theatrical work, musical composition, film, 25
radio, online or television program, magazine article, news story, 26
public affairs report, or sports broadcast or account, or with any 27
political campaign when the use does not inaccurately claim or state 28
an endorsement by the individual or personality; 29
(c) An advertisement or commercial announcement for a use 30
permitted by subsections (1) and (7) of this section and (a) or (b) 31
of this subsection; 32
(d) An advertisement, commercial announcement, or packaging for 33
the authorized sale, distribution, performance, broadcast, or display 34
of a literary, musical, cinematographic, or other artistic work using 35
the name, voice, signature, photograph, or likeness in any medium in 36
any manner of the writer, author, composer, director, actor, or 37
artist who created the work, where such individual or personality 38
consented to the use of his or her name, voice, signature, 39
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photograph, or likeness in any medium in any manner on or in 1
connection with the initial sale, distribution, performance, or 2
display thereof; and 3
(e) The advertisement or sale of a rare or fine product, 4
including but not limited to books, which incorporates the signature 5
of the author. 6
(3) It is no defense to an infringement action under this chapter 7
that the use of an individual's or personality's name, voice, 8
signature, photograph, or likeness in any medium in any manner 9
includes more than one individual or personality so identifiable. 10
However, the individuals or personalities complaining of the use 11
shall not bring their cause of action as a class action.12
(4) RCW 63.60.050 does not apply to the owners or employees of 13
any medium used for advertising, including but not limited to, 14
newspapers, magazines, radio and television stations, online service 15
providers, billboards, and transit ads, who have published or 16
disseminated any advertisement or solicitation in violation of this 17
chapter, unless the advertisement or solicitation was intended to 18
promote the medium itself. 19
(5) This chapter does not apply to a use or authorization of use 20
of an individual's or personality's name that is merely descriptive 21
and used fairly and in good faith only to identify or describe 22
something other than the individual or personality, such as, without 23
limitation, to describe or identify a place, a legacy, a style, a 24
theory, an ownership interest, or a party to a transaction or to 25
accurately describe the goods or services of a party.26
(6) This chapter does not apply to the use of an individual's or 27
personality's name, voice, signature, photograph, or likeness in any 28
medium in any manner when the use of the individual's or 29
personality's name, voice, signature, photograph, or likeness in any 30
medium in any manner is an insignificant, de minimis, or incidental 31
use. 32
(7) This chapter does not apply to the distribution, promotion, 33
transfer, or license of a photograph or other material containing an 34
individual's or personality's name, voice, signature, photograph, or 35
likeness in any medium in any manner to a third party for use in a 36
manner which is lawful under this chapter, or to a third party for 37
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further distribution, promotion, transfer, or license for use in a 1
manner which is lawful under this chapter. 2
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