(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, online
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.
[2004 c 71 § 3; 1998 c 274 § 7.]