Virginia legislation · 2026 Regular Session
Virginia SB753: An Act to amend and reenact § 8.01-40 of the Code of Virginia, relating to unauthorized use of voice or likeness; punitive damages; statute of limitations.
Status: Chaptered, April 13, 2026
Unauthorized use of voice or likeness; punitive damages; statute of limitations. Expands the existing ability for any person to maintain a suit in equity, including the accompanying remedies available and statute of limitations, for the unauthorized use of his name, portrait, or picture for advertising purposes or for the purposes of trade to include the unauthorized use of his voice or likeness. This bill is identical to HB 581.
What the bill says
An Act to amend and reenact § 8.01-40 of the Code of Virginia, relating to unauthorized use of voice or likeness; punitive damages; statute of limitations. [S 753] Approved April 13, 2026 1. That § 8.01-40 of the Code of Virginia is amended and reenacted as punitive damages; statute of limitations. A. Any person whose name, portrait, [ 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 [DELETED: or] , picture, voice, or likeness in such manner as is forbidden or declared to be unlawf.
From the enrolled text, April 13, 2026:
An Act to amend and reenact § 8.01-40 of the Code of Virginia, relating to unauthorized use of voice or likeness; punitive damages; statute of limitations. [S 753] Approved April 13, 2026 1. That § 8.01-40 of the Code of Virginia is amended and reenacted as punitive damages; statute of limitations. A. Any person whose name, portrait, [ 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 [DELETED: or] , 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.
Sponsors
- (R, 28) · primary sponsor