| Momentum Bucket | Became Law |
| Legal Title | AN ACT Relating to personality rights; |
| Bill Description | Concerning personality rights. |
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What this bill does
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The bill amends RCW 63.60.010, 63.60.020, 63.60.050, and 63.60.060 to modify Washington’s law on personality rights. It declares that every person has a transferable property right in their name, voice, signature, photograph, forged digital likeness, or likeness that survives death and does not expire on death, and that this right may be transferred or licensed inter vivos or by testamentary instruments (including wills, trusts, contracts, community property agreements, cotenancy with survivorship, and payable-on-death arrangements) whether executed before, on, or after June 11, 1998. If no transfer instrument applies, ownership is to be determined under intestate succession rules for intangible personal property (RCW 63.60.030 is referenced but its text is not included here).
The bill adds the term “forged digital likeness” and defines it as a digitally created or altered persistent or real‑time visual or audio representation of an identifiable person that is indistinguishable from genuine material, misrepresents the person’s appearance, speech, or conduct, and is likely to deceive a reasonable person. It makes unauthorized use in commerce in Washington, or for advertising, fund-raising, solicitation of donations, or dissemination/publishing of such materials in Washington, an infringement regardless of profit motive. The bill establishes a $3,000 civil penalty for infringement, makes infringers liable for actual damages and any attributable profits not counted in actual damages, and specifies that infringement of a forged digital likeness also permits recovery of noneconomic damages regardless of profit. Superior courts are authorized to grant injunctions, impound infringing materials while an action is pending, order destruction or other disposition as part of final judgments, and award reasonable attorneys’ fees, expenses, and costs; remedies are cumulative.
The bill defines related terms (including “deceased individual,” “deceased personality,” “fund‑raising,” “individual,” “likeness,” “name,” “person,” “personality,” “photograph,” and “signature”), identifies affected parties (owners of personality rights, anyone using protected elements in commerce or fundraising in Washington, and Washington superior courts), and notes statutory history citations. The Senate passed it February 5, 2026 (47-0) and the House passed it March 4, 2026 (85-9). The text provided does not include the content of RCW 63.60.030, an effective date, a filing date, or any provisions outside the amended RCW sections.
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Why it matters
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If enacted, more people and their estates will be able to control and monetize use of a person’s name, image, voice, signature, or a digitally forged likeness after death, and they can enforce those rights in Washington. That means heirs or assignees can bring lawsuits to stop uses in commerce, advertising, or fundraising, recover a $3,000 statutory penalty plus actual damages and any profits from the use, and in the case of forged digital likenesses seek noneconomic damages and attorneys’ fees; transfers and licenses made long ago are explicitly respected, and specific date-based definitions determine which deceased persons qualify.
Businesses, nonprofits, political groups, and other users that put someone’s image, voice, or a deepfake-like likeness on products, in ads, or in fundraising in Washington will face higher legal and financial risk: they may need to obtain clear consent or licenses, could be hit with penalties, damages, injunctions, impoundment or destruction of materials, and be required to pay legal costs. The bill increases the incentive to screen and clear rights but the text provided leaves uncertain when these changes take effect and some ownership details referenced in RCW 63.60.030 are not included here.
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| Official Documents | View Full Bill Text |
| Date Introduced | 01/29/2026 |
| Originating Chamber | Senate |
| Biennium | 2025-26 |
| Total Campaign Dollars Backing Bill | $1,793,100.88 |
| PROPERTY, PERSONAL |
| Hearing | Senate Law & Justice (Public) |
| Hearing | Senate Law & Justice (Executive) |
| Hearing | House Civil Rights & Judiciary (Public) |
| Hearing | House Civil Rights & Judiciary (Executive) |