Washington
How Burns v. Associated Press applies in Washington: state-specific rules, key cases, and bar exam notes for Remedies.
In Washington, the principles from Burns v. Associated Press emphasize the necessity of establishing the right of publicity and the importance of consent in the use of an individual’s persona for commercial purposes. Washington courts are particularly protective of individual rights against unauthorized use, often balancing First Amendment protections with the right to privacy.
The right of publicity in Washington is governed by RCW 63.60. The statute prohibits the unauthorized commercial use of an individual's name, voice, signature, photograph, or likeness and allows for remedies including damages and injunctions.
The court held that the use of an individual's likeness in promotional materials constitutes a violation of the right of publicity unless consent is obtained.
The Washington court reinforced the principle that commercial exploitation of a person's image without permission can lead to significant damages under personal rights laws.
Court found that the use of a deceased individual's likeness for commercial purposes without consent could pass to heirs under Washington's statutory law.
While federal law protects free speech and press under the First Amendment, Washington law places a stronger emphasis on personal rights concerning publicity and privacy. This state-centric approach offers broader protections against commercialization of an individual's persona compared to federal standards.
The right of publicity and its implications are likely to be tested on the Washington bar exam, focusing on consent and the application of RCW 63.60.