                                 CODE OF VIRGINIA

UNAUTHORIZED USE OF NAME OR PICTURE OF ANY PERSON; PUNITIVE DAMAGES; STATUTE OF
LIMITATIONS (§ 8.01-40)

A. Any person whose name, portrait, or picture 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&#8217;s name, portrait, or picture 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&#8217;s name, portrait or picture 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.

HISTORY: Code 1950, § 8-650; 1977, c. 617; 2015, c. 710.