The bill amends existing Washington state law regarding personality rights, specifically enhancing protections for individuals' names, voices, signatures, photographs, and newly defined "forged digital likenesses." It establishes that these rights are property rights that persist after an individual's death and can be transferred or assigned through various legal means. The bill clarifies that these rights apply to both living and deceased individuals, regardless of their domicile at the time of death, and that they exist even if not commercially exploited during the individual's lifetime.
Additionally, the bill introduces a definition for "forged digital likeness," which refers to digitally altered representations of individuals that could mislead others into believing they are genuine. It also increases penalties for unauthorized use of these rights, setting a civil penalty of $3,000 for infringements and allowing for the recovery of actual damages and profits. The bill further stipulates that if the infringement involves a forged digital likeness, the infringing party may also be liable for non-economic damages. Overall, the amendments aim to strengthen the legal framework surrounding personality rights in Washington state.
Statutes affected: Original bill: 63.60.010, 63.60.020, 63.60.050
Substitute bill: 63.60.010, 63.60.020, 63.60.050, 63.60.060
Bill as passed Legislature: 63.60.010, 63.60.020, 63.60.050, 63.60.060
Session law: 63.60.010, 63.60.020, 63.60.050, 63.60.060