A. 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.
§ 8.01-40.Unauthorized use of name or picture of any person; punitive damages; statute of limitations.
Chapter 3. Actions · Article 3. Injury to Person or Property · Last amended 2026 · Last verified July 16, 2026
In one sentenceCreates a civil right of privacy and publicity in Virginia — anyone whose name, portrait, picture, voice, or likeness is used for advertising or trade without consent may sue to stop the use and recover damages, with punitive damages for knowing violations, and no suit filed more than 20 years after the person’s death.
Full Text of § 8.01-40
B. No action shall be commenced under this section more than 20 years after the death of such person.
Plain-English Summary
Subsection A protects a person’s name, portrait, picture, voice, or likeness from being used for advertising purposes or for the purposes of trade without written consent. That consent must come from the person, or, if the person has died, from the surviving consort and, absent one, the next of kin; if the person is a minor, consent comes from a parent or guardian. Anyone whose name, portrait, picture, voice, or likeness is used without that consent may sue in equity to prevent and restrain the use, and may also sue and recover damages for any injury the use caused. If the defendant knowingly used the person’s name, portrait, picture, voice, or likeness in a forbidden or unlawful manner, the jury may, in its discretion, award punitive damages.
Subsection B sets the outer limit on this right after death: no action under this section may be commenced more than 20 years after the death of the person whose name, portrait, picture, voice, or likeness was used.
Frequently Asked Questions
What does this section protect against?
The unauthorized use of a person’s name, portrait, picture, voice, or likeness for advertising purposes or for the purposes of trade, without the written consent required by the section.
Whose consent is required to use a deceased person’s name or picture for advertising?
The surviving consort, or, if there is none, the next of kin. If the person whose name or likeness is used is a minor, the written consent of a parent or guardian is required instead.
Can I recover punitive damages under this section?
Yes, if the defendant knowingly used your name, portrait, picture, voice, or likeness in a manner the section forbids or declares unlawful, the jury may award punitive damages in its discretion.
How long after someone dies can a claim under this section still be filed?
No more than 20 years after the person’s death.
Does this section cover a minor’s name or likeness?
Yes. Where the person is a minor, the written consent required for advertising or trade use comes from the minor’s parent or guardian.
Amendment History
Code 1950, § 8-650; 1977, c. 617; 2015, c. 710; 2026, cc. 629, 630.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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