WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
A 1 Any person whose name, portrait, picture, voice, or likeness is used without having first obtained the written consent of such person, or if dead, of the surviving consort and if none, of the next of kin, or if a minor, the written consent of his or her parent or guardian, for advertising purposes or for the purposes of trade, such persons may maintain a suit in equity against the person, firm, or corporation so using such person's name, portrait, picture, voice, or likeness to prevent and restrain the use thereof; and may also sue and recover damages for any injuries sustained by reason of such use. And if the defendant shall have knowingly used such person's name, portrait, picture, voice, or likeness in such manner as is forbidden or declared to be unlawful by this chapter, the jury, in its discretion, may award punitive damages.
B No action shall be commenced under this section more than 20 years after the death of such person.
This section amends Virginia's existing right of publicity statute to add voice and likeness to the categories of personal attributes protected from unauthorized commercial use. Previously, only a person's name, portrait, or picture were covered. The amendment ensures that AI-generated voice clones, digital likenesses, and similar synthetic reproductions fall within the statute's scope.
The operative structure remains the same: any person (or, if deceased, surviving consort, next of kin, or guardian for minors) whose protected attributes are used without written consent for advertising or trade purposes may seek injunctive relief and actual damages. Punitive damages are available at the jury's discretion when the defendant knowingly engaged in the prohibited use. The post-mortem statute of limitations is set at 20 years after the person's death.