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 right of publicity statute to expand the categories of protected personal attributes from name, portrait, or picture to name, portrait, picture, voice, or likeness. The addition of "voice" and "likeness" closes a gap that has become commercially significant with the rise of AI voice cloning and digital likeness generation. The operative structure remains unchanged: unauthorized use for advertising or trade purposes without written consent (or consent of heirs/guardians) gives rise to both equitable and legal remedies.
The bill also extends the existing punitive damages provision — previously available only for knowing use of a person's name, portrait, or picture — to cover knowing use of voice or likeness. A 20-year post-mortem statute of limitations applies to all claims under the section.