Passed by the House February 11, 2004 Yeas 93   FRANK CHOPP ________________________________________ Speaker of the House of Representatives Passed by the Senate March 5, 2004 Yeas 49   BRAD OWEN ________________________________________ President of the Senate | I, Richard Nafziger, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 1580 as passed by the House of Representatives and the Senate on the dates hereon set forth. RICHARD NAFZIGER ________________________________________ Chief Clerk | |
Approved March 22, 2004. GARY F. LOCKE ________________________________________ Governor of the State of Washington | March 22, 2004 - 5:17 p.m. Secretary of State State of Washington |
State of Washington | 58th Legislature | 2003 Regular Session |
Read first time 01/31/2003. Referred to Committee on Judiciary.
AN ACT Relating to personality rights; and amending RCW 63.60.020, 63.60.040, and 63.60.070.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 63.60.020 and 1998 c 274 s 2 are each amended to read
as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Deceased personality" means any individual whose name, voice,
signature, photograph, or likeness had commercial value at the time of
his or her death, whether or not during the lifetime of that individual
he or she used his or her name, voice, signature, photograph, or
likeness on or in products, merchandise or goods, or for purposes of
advertising or selling, or soliciting the purchase or sale of,
products, merchandise, goods, or services. A "deceased personality"
includes, without limitation, any such individual who has died within
fifty years before January 1, 1998.
(2) (("Definable group" means an assemblage of individuals existing
or brought together with or without interrelation, orderly form, or
arrangement, including but not limited to: A crowd at any sporting
event; a crowd in any street or public building; the audience at any
theatrical, musical, or stage production; or a performing group or
sports team.)) "Fund raising" means an organized activity to solicit
donations of money or other goods or services from persons or entities
by an organization, company, or public entity. A fund-raising activity
does not include a live, public performance by an individual or group
of individuals for which money is received in solicited or unsolicited
gratuities.
(3)
(((4))) (3) "Individual" means a natural person, living or dead.
(((5))) (4) "Likeness" means an image, painting, sketching, model,
diagram, or other clear representation, other than a photograph, of an
individual's face, body, or parts thereof, or the distinctive
appearance, gestures, or mannerisms of an individual.
(((6))) (5) "Name" means the actual or assumed name, or nickname,
of a living or deceased individual that is intended to identify that
individual.
(((7))) (6) "Person" means any natural person, firm, association,
partnership, corporation, joint stock company, syndicate, receiver,
common law trust, conservator, statutory trust, or any other concern by
whatever name known or however organized, formed, or created, and
includes not-for-profit corporations, associations, educational and
religious institutions, political parties, and community, civic, or
other organizations.
(((8))) (7) "Personality" means any individual whose name, voice,
signature, photograph, or likeness has commercial value, whether or not
that individual uses his or her name, voice, signature, photograph, or
likeness on or in products, merchandise, or goods, or for purposes of
advertising or selling, or solicitation of purchase of, products,
merchandise, goods, or services.
(((9))) (8) "Photograph" means any photograph or photographic
reproduction, still or moving, or any videotape, online or live
television transmission, of any individual, so that the individual is
readily identifiable.
(((10))) (9) "Signature" means the one handwritten or otherwise
legally binding form of an individual's name, written or authorized by
that individual, that distinguishes the individual from all others.
Sec. 2 RCW 63.60.040 and 1998 c 274 s 4 are each amended to read
as follows:
(1) For individuals, except to the extent that the individual may
have assigned or licensed such rights, the rights protected in this
chapter are exclusive to the individual, subject to the assignment or
licensing of such rights, during such individual's lifetime and are
exclusive to the persons entitled to such rights under RCW 63.60.030
for a period of ten years after the death of the individual except to
the extent that the persons entitled to such rights under RCW 63.60.030
may have assigned or licensed such rights to others.
(2) For personalities, except to the extent that the personality
may have assigned or licensed such rights, the rights protected in this
chapter are exclusive to the personality, subject to the assignment or
licensing of such rights, during such personality's lifetime and to the
persons entitled to such rights under RCW 63.60.030 for a period of
seventy-five years after the death of the personality except to the
extent that the persons entitled to such rights under RCW 63.60.030 may
have assigned or licensed such rights to others.
(3) The rights granted in this chapter may be exercised by a
personal representative, attorney in fact, parent of a minor child, or
guardian, or as authorized by a court of competent jurisdiction. The
terms "personal representative," "attorney in fact," and "guardian"
shall have the same meanings in this chapter as they have in Title 11
RCW.
Sec. 3 RCW 63.60.070 and 1998 c 274 s 7 are each amended to read
as follows:
(1) For purposes of RCW 63.60.050, the use of a name, voice,
signature, photograph, or likeness in connection with matters of
cultural, historical, political, religious, educational, newsworthy, or
public interest, including, without limitation, comment, criticism,
satire, and parody relating thereto, shall not constitute a use for
which consent is required under this chapter. A matter exempt from
consent under this subsection does not lose such exempt status because
it appears in the form of a paid advertisement if it is clear that the
principal purpose of the advertisement is to comment on such matter.
(2) This chapter does not apply to the use or authorization of use
of an individual's or personality's name, voice, signature, photograph,
or likeness, in any of the following:
(a) Single and original works of fine art, including but not
limited to photographic, graphic, and sculptural works of art that are
not published in more than five copies;
(b) A literary work, theatrical work, musical composition, film,
radio, online or television program, magazine article, news story,
public affairs report, or sports broadcast or account, or with any
political campaign when the use does not inaccurately claim or state an
endorsement by the individual or personality;
(c) An advertisement or commercial announcement for a use permitted
by subsections (1) and (7) of this section and (a) or (b) of this
subsection;
(d) An advertisement, commercial announcement, or packaging for the
authorized sale, distribution, performance, broadcast, or display of a
literary, musical, cinematographic, or other artistic work using the
name, voice, signature, photograph, or likeness of the writer, author,
composer, director, actor, or artist who created the work, where such
individual or personality consented to the use of his or her name,
voice, signature, photograph, or likeness on or in connection with the
initial sale, distribution, performance, or display thereof; and
(e) The advertisement or sale of a rare or fine product, including
but not limited to books, which incorporates the signature of the
author.
(3) It is no defense to an infringement action under this chapter
that the use of an individual's or personality's name, voice,
signature, photograph, or likeness includes more than one individual or
personality so identifiable. However, the individuals or personalities
complaining of the use shall not bring their cause of action as a class
action.
(4) RCW 63.60.050 does not apply to the owners or employees of any
medium used for advertising, including but not limited to, newspapers,
magazines, radio and television stations, on-line service providers,
billboards, and transit ads, who have published or disseminated any
advertisement or solicitation in violation of this chapter, unless the
advertisement or solicitation was intended to promote the medium
itself.
(5) This chapter does not apply to a use or authorization of use of
an individual's or personality's name that is merely descriptive and
used fairly and in good faith only to identify or describe something
other than the individual or personality, such as, without limitation,
to describe or identify a place, a legacy, a style, a theory, an
ownership interest, or a party to a transaction or to accurately
describe the goods or services of a party.
(6) This chapter does not apply to the use of an individual's or
personality's name, voice, signature, photograph, or likeness when the
use of the individual's or personality's name, voice, signature,
photograph, or likeness is an insignificant, de minimis, or incidental
use.
(7) This chapter does not apply to the distribution, promotion,
transfer, or license of a photograph or other material containing an
individual's or personality's name, voice, signature, photograph, or
likeness to a third party for use in a manner which is lawful under
this chapter, or to a third party for further distribution, promotion,
transfer, or license for use in a manner which is lawful under this
chapter.