Washington's SB 5886 gives property rights over digital likenesses

Washington State's Senate Bill 5886, which goes into effect today (June 10, 2026), marks a significant legal expansion of the right of publicity into the digital realm. The law explicitly grants individuals a property right over their digital likeness—including AI-generated or digitally manipulated images, videos, and audio that portray a person's appearance, voice, or mannerisms. It creates a new cause of action for unauthorized use of a 'forged digital likeness' in commercial contexts such as advertising, marketing, products, or endorsements. This means that any company or individual using deepfake technology or AI tools to create a realistic digital replica of someone for profit without their explicit consent can now be sued for damages.

This legislation is particularly relevant as generative AI tools like face-swapping apps, voice cloning services, and video synthesis platforms become more accessible. The law provides stronger protections than existing right-of-publicity statutes in many other states, which often focus on name and likeness but not explicitly on digital replicas. Washington's approach treats the digital likeness as a transferable intangible asset, allowing rights to be licensed or inherited. While the law includes some exemptions for news, art, and commentary, it sets a precedent that could influence other states or federal legislation. For tech companies and content creators, this means they must now obtain clear, documented consent before using any AI-generated version of a real person in a commercial context, or risk significant legal liability.