Bill > SB1421

This bill expands Virginia's existing law regarding unauthorized use of an individual's personal identity for advertising or trade purposes. Currently, the law allows individuals to sue for unauthorized use of their name, portrait, or picture, and this amendment now explicitly adds "voice" and "likeness" to the protected categories. The bill maintains the requirement that such use must occur without written consent from the individual (or their surviving family if deceased, or parent/guardian if a minor), and allows the person to pursue legal action to prevent such use and recover damages. If the defendant knowingly used the person's identity in an unlawful manner, the bill preserves the option for a jury to award punitive damages. Additionally, the bill sets a statute of limitations, specifying that no legal action can be commenced more than 20 years after the person's death. This expansion provides broader protections for individuals against unauthorized commercial exploitation of their personal identity, including more modern forms of potential misuse such as voice recordings or digital representations.