SSB 5886
SignedSenate
Personality rights
Concerning personality rights.
How does a bill become law?
- Introduced: The bill is filed and assigned a number.
- Committee: A subject-matter committee holds hearings, takes public testimony, and decides whether to advance the bill.
- Floor Vote: The full chamber (House or Senate) debates and votes on the bill.
- Opposite Chamber: The bill repeats the committee and floor vote process in the other chamber.
- Governor: The Governor reviews the bill and decides whether to sign or veto it.
- Signed: The bill has been signed into law.
AI Analysis
This bill strengthens Washington’s personality rights law by explicitly including protections against forged digital likenesses — such as AI-generated fake videos or voice clones — and clarifies that these rights survive death and can be owned, transferred, or licensed like other property. It also expands who qualifies as a protected 'deceased personality' and confirms that unauthorized use — even for non-profit causes — is illegal without consent.
- Expands the right of personality to include 'forged digital likenesses' — defined as AI-generated or altered images or audio that misrepresent and deceive people into believing they are real.
- Clarifies that the right to a person’s name, voice, signature, photo, or likeness (including forged digital versions) is a property right that survives death and can be transferred or licensed like other assets.
- Extends protection to deceased personalities who died within 50 years before January 1, 1998, or later, and to all deceased individuals who had commercial value in their identity at death.
- Makes it infringement — whether for profit or not — to use someone’s identity (including forged digital likenesses) in commerce, advertising, or fundraising without consent from the rights holder.
- Confirms that these rights apply regardless of where a person lived or died, and that they exist even if the person never commercially used their identity while alive.
Who is affected
- Living individuals and public figures — Living individuals and celebrities whose names, voices, images, or likenesses could be used without permission in commercial or fundraising contexts.
- Estates and heirs of deceased individuals — Heirs, estates, or legal representatives who may inherit and enforce the rights to a deceased person's name, voice, image, or likeness.
- Businesses and content creators — Businesses, marketers, or content creators who use digital tools to replicate or alter images or voices — especially for advertising, social media, or fundraising.
- Fundraising organizations — Nonprofit organizations that run fundraising campaigns and must ensure they have proper permission before using someone’s name or image.
Pro/Con Analysis
Stronger case for benefits
Potential Benefits (5)
The bill provides strong legal recourse for individuals — especially public figures, victims of deepfakes, and marginalized communities targeted by AI impersonation — to prevent harmful deception, identity theft, and reputational harm caused by AI-generated forgeries, protecting personal dignity and autonomy in the digital age.
Rights & LibertiesPeopleRef: Sec. 1 (explicit inclusion of 'forged digital likeness'), Sec. 3 (prohibition on unauthorized use in commerce/fundraising), Sec. 2(3) (definition requiring deception of a reasonable person)Heirs and estates gain clear legal standing to protect and monetize the legacy of deceased loved ones — including artists, activists, or community figures — enabling them to control how their image is used and potentially earn revenue from authorized licensing, supporting family economic security.
Business & EmploymentPeopleRef: Sec. 1 (right survives death and is transferable), Sec. 2(2) (extends to deceased personalities with commercial value at death), Sec. 3 (infringement applies regardless of profit motive)By criminalizing deceptive AI forgeries in commercial and fundraising contexts, the bill helps prevent fraud, election interference, and manipulation of public opinion — especially important in an era of widespread misinformation and synthetic media.
Public SafetyPeopleRef: Sec. 2(3) (forged digital likeness definition includes deception standard), Sec. 3 (infringement includes use in fundraising)Patients and public health advocates gain protection against AI-generated fake videos of doctors or health officials endorsing unproven treatments — reducing risk of harmful medical misinformation and preserving trust in healthcare institutions.
HealthcarePeopleRef: Sec. 1 (explicit inclusion of 'forged digital likeness' as property right), Sec. 2(3) (definition requires misrepresentation likely to deceive a reasonable person)The bill clarifies that even well-intentioned use of a person’s identity in fundraising requires consent — protecting donors from being misled by fake endorsements and ensuring transparency in charitable solicitations, especially for vulnerable populations targeted by scams.
Business & EmploymentPeopleRef: Sec. 3 (infringement applies to non-profit fundraising), Sec. 2(4) (broad definition of 'fund-raising')
Potential Concerns (5)
The bill creates a new property right that can be inherited and enforced posthumously, potentially chilling expressive and creative speech — especially for artists, educators, and activists — who may fear liability for satire, parody, or commentary involving deceased public figures, even when protected under the First Amendment or fair use doctrines. The lack of explicit exemptions for non-commercial expression or public interest uses increases legal risk.
Rights & LibertiesPeopleRef: Sec. 1 (amending RCW 63.60.010), Sec. 2(3) (defining 'forged digital likeness'), Sec. 3 (infringement provision)Small creators, independent filmmakers, educators, and nonprofit organizations using archival footage, historical reenactments, or AI-generated content for educational, documentary, or fundraising purposes face heightened legal exposure — even for non-commercial or公益 (public-benefit) uses — because the law defines infringement broadly and includes non-profit fundraising as a prohibited use without consent.
Business & EmploymentPeopleRef: Sec. 2(2) (expanding 'deceased personality' to include those with commercial value at death, regardless of prior commercial use), Sec. 3 (infringement regardless of profit motive)The bill retroactively extends rights to individuals who died before 1998 and never used their identity commercially — including historical figures, ordinary people whose photos were later monetized, or individuals whose posthumous fame emerged unexpectedly — potentially enabling heirs or assignees to assert control over public domain materials or historical records, undermining archival and scholarly work.
Rights & LibertiesPeopleRef: Sec. 1 (right survives death and is freely transferable), Sec. 2(2) (extends protection to individuals who had commercial value at death, even if never commercially exploited)Small nonprofits, churches, schools, and community groups running local fundraising campaigns may be forced to avoid using any image or voice resembling a real person — even in generic or symbolic contexts — due to fear of liability, reducing their ability to connect emotionally with donors and raising compliance costs for low-resource organizations.
Business & EmploymentLean peopleRef: Sec. 3 (infringement applies to non-profit fundraising), Sec. 2(4) (broad definition of 'fund-raising' with no carve-out for grassroots or community efforts)The bill enables speculative licensing and litigation by third-party rights holders (e.g., IP holding companies or heirs who acquired rights cheaply) to monetize or threaten legal action over images or voices of individuals with minimal or forgotten commercial value, creating a risk of 'right of publicity' trolling.
Business & EmploymentLean peopleRef: Sec. 1 (right is freely transferable and licensable), Sec. 2(1) (extends to any deceased individual who died after 1988)
Who Is Most Affected
Living public figures and celebrities gain strong legal tools to prevent AI impersonation and protect their image and reputation, but may face fewer restrictions on their own expressive uses.
Estates and heirs gain enforceable property rights in a deceased person’s identity, enabling licensing revenue and control over legacy — but may face legal challenges if rights are contested or if the deceased had no prior commercial use.
Content creators, educators, and small businesses face increased liability risk when using AI tools or historical media — especially for non-commercial or公益 uses — but may benefit from clearer legal boundaries if they have resources to obtain licenses.
Nonprofits and grassroots fundraisers must now vet all image/voice use carefully, increasing compliance burden — but gain protection against deceptive campaigns that damage donor trust.