Bill > HB2462

This bill amends Virginia law to expand protections against unauthorized use of a person's name, portrait, voice, likeness, or picture, with a specific focus on digital replicas. The bill introduces a definition for "digital replica" as a computer-generated, highly realistic electronic representation of an individual's voice or visual likeness that is identifiable as that person, but does not include standard audio or video editing techniques. It establishes civil liability for individuals or entities who produce, distribute, or host unauthorized digital replicas without prior written consent, with potential damages of $1,000 or actual damages suffered. The bill creates several exceptions to the consent requirement, including uses related to news reporting, commentary, criticism, satire, documentary, historical representation, and fleeting or incidental uses. Importantly, the legislation extends the statute of limitations for such claims from 20 years to 100 years after the person's death, significantly increasing the time frame for potential legal action. The bill also includes protections for internet service providers who merely provide access to content and are not responsible for its creation. However, the bill's provisions are contingent on being reenacted by the 2026 Session of the General Assembly, meaning it is not yet fully implemented.

Business and Industry, Justice

https://lis.virginia.gov/bill-details/20251/HB2462