If you use names, images, or likenesses in your business, whether for advertising, endorsements, or creative projects, it is essential you understand Washington’s right of publicity laws. Here is what you need to know about how these laws work, who controls these rights, and how to stay compliant.
Washington law recognizes that every individual has a property right in their name, voice, signature, photograph, or likeness when it comes to commercial use. This is known as the “right of publicity.” Not only is this right protected by statute under Chapter 63.60 of the Revised Code of Washington (RCW), but it can also be transferred, assigned, or licensed. In other words, you can buy, sell, or inherit these rights, just like other property. Both living individuals and the estates or heirs of deceased persons can control and benefit from these rights.
Why Does It Matter?
If your business uses someone’s name, image, or likeness in Washington (other than yourself), you must have permission from the current rights holder. This could be the individual themselves, their estate, an heir, or someone who has been assigned or licensed the rights. Failing to get proper consent can lead to legal trouble, so it is crucial to verify who owns these rights before moving forward with any commercial use.
How to Protect Your Rights
- Always get it in writing. Use clear, written agreements for any assignment or license of publicity rights. These agreements should explicitly state what is covered, where, for how long, and under what conditions.
- Check who has authority. Make sure the person signing has the legal right to enter the agreement, whether that person is the individual, a guardian, an estate representative, or an heir. For deceased personalities, ask for documentation proving their authority.
- Do your research. If you are acquiring content or a business, confirm the chain of title for any publicity rights and check for existing licenses or restrictions.
- Plan ahead. If you are an individual, include publicity rights in your estate planning. If you manage an estate, centralize how approvals and licenses are handled.
- Build compliance into your workflow. For campaigns, influencer content, or AI-generated likenesses, set up preclearance steps and require vendors to guarantee they have the necessary rights.
- Keep good records. Store all agreements and proof of authority, and make sure your contracts address Washington law if you are operating in Washington.
What does a typical publicity rights agreement look like? Here are some key terms to consider:
- Grant of rights: Specify whether the license is exclusive or nonexclusive, what attributes are covered (name, image, voice, etc.), and for what purpose, territory, media, and term.
- Approvals and quality control: The rights holder may want to approve uses in advance and set quality standards.
- Sublicensing and assignment: Clarify if the licensee can transfer or sublicense the rights.
- Payment terms: Determine how the compensation will be calculated and paid.
- Warranties and indemnities: Both parties should warrant their authority and agree to indemnify each other.
- Morals and termination: Include terms for suspending or ending the agreement if there is a breach or reputational harm.
The bottom line
Washington treats the right of publicity as a property right that can be enforced, transferred, and inherited. Whether you are a business looking to use someone’s likeness or an individual managing your own rights, it is essential to get the right permissions, document everything clearly, and confirm who has authority, especially when dealing with estates.
