- with Inhouse Counsel
Washington state joined Tennessee in amending existing law to prohibit AI deepfakes. Whereas Tennessee added the prohibition to its right of publicity law, Washington modified its existing property rights law. The amendment was signed into law in March, and takes effect June 11, 2026.
Under the current law, all individuals have property right in, among other things, their voice and likeness. The individual has the right to “freely transfer or license” these elements. The right survives their death, and passes to their heirs. It is a violation of that right to use these elements without the person’s consent on, among other things, advertising goods or services or on products or merchandise.
Beginning June 11, the law will also include a property right in someone’s “forged digital likeness.” That is defined as one that has been made to directly mirror the individual’s own voice, likeness, or other similar elements. And, to deceive someone into thinking that it is the real person. In other words, a realistic deepfake. As part of the amendment, the civil penalties have been increased from $1,500 to $3,000. Additionally, where a forged digital likeness is involved, the law will allow recovery of non-economic damages such as reputational harm and emotional distress.
Putting it into practice: This new Washington state law is a reminder that states are continuing to be active in the AI space. To the extent that companies are using AI-generated elements to replace individuals (for example, in advertising), this is a reminder to conduct diligence to ascertain the origin of these digital “people.”
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