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HB581 • 2026

Unauthorized use of voice or likeness; punitive damages, statute of limitations.

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.

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Glass
Last action
2026-04-13
Official status
Acts of Assembly Chapter
Effective date
Not listed

Plain English Breakdown

Checked against official source text during the last sync.

Unauthorized Use of Voice or Likeness

This act expands existing laws to allow people to sue for unauthorized use of their voice or likeness, similar to how they can sue for unauthorized use of their name or picture.

What This Bill Does

  • Expands the law to include unauthorized use of a person's voice and likeness in addition to names and pictures.
  • Allows people to file lawsuits against those who use their voice or likeness without permission for advertising or trade purposes.
  • Gives juries the power to award extra damages if someone knowingly uses another person’s voice or likeness illegally.

Who It Names or Affects

  • People whose voices or likenesses are used without consent
  • Businesses and individuals who use others' voices or likenesses for advertising or trade

Terms To Know

Punitive damages
Extra money a court can order to punish someone who knowingly breaks the law.
Statute of limitations
The time limit for filing a lawsuit after an event happens.

Limits and Unknowns

  • Specifies that no action may be commenced under this section more than 20 years after the death of such person.
  • Applies only in the state of Virginia.

Bill History

  1. 2026-04-13 Governor

    Approved by Governor-Chapter 629 (effective 7/1/2026)

  2. 2026-04-13 Governor

    Approved by Governor-Chapter 629 (effective 7/1/2026)

  3. 2026-04-13 Governor

    Acts of Assembly Chapter text (CHAP0629)

  4. 2026-03-31 House

    Enrolled Bill communicated to Governor on March 31, 2026

  5. 2026-03-31 Governor

    Governor's Action Deadline 11:59 p.m., April 13, 2026

  6. 2026-03-31 House

    Enrolled Bill communicated to Governor on March 31, 2026

  7. 2026-03-31 Governor

    Governor's Action Deadline 11:59 p.m., April 13, 2026

  8. 2026-03-31 House

    Signed by Speaker

  9. 2026-03-31 House

    Enrolled Bill communicated to Governor on March 31, 2026

  10. 2026-03-31 Governor

    Governor's Action Deadline 11:59 p.m., April 13, 2026

  11. 2026-03-31 House

    Fiscal Impact Statement from Department of Planning and Budget (HB581)

  12. 2026-03-30 Senate

    Signed by President

  13. 2026-03-30 House

    Enrolled

  14. 2026-03-30 House

    Bill text as passed House and Senate (HB581ER)

  15. 2026-03-11 House

    Senate substitute agreed to by House (96-Y 0-N 0-A)

  16. 2026-03-09 Senate

    Read third time

  17. 2026-03-09 Senate

    Engrossed by Senate - committee substitute

  18. 2026-03-09 Courts of Justice

    Courts of Justice Substitute agreed to

  19. 2026-03-09 Senate

    Passed Senate with substitute Block Vote (40-Y 0-N 0-A)

  20. 2026-03-06 Senate

    Passed by for the day Block Vote (Voice Vote)

  21. 2026-03-06 Senate

    Passed by for the day

  22. 2026-03-05 Senate

    Rules suspended

  23. 2026-03-05 Senate

    Rules suspended

  24. 2026-03-05 Senate

    Passed by for the day

  25. 2026-03-05 Senate

    Constitutional reading dispensed Block Vote (on 2nd reading) (39-Y 0-N 0-A)

  26. 2026-03-05 Senate

    Passed by for the day Block Vote (Voice Vote)

  27. 2026-03-04 Finance and Appropriations

    Reported from Finance and Appropriations (15-Y 0-N)

  28. 2026-02-23 Courts of Justice

    Fiscal Impact Statement from Department of Planning and Budget (HB581)

  29. 2026-02-19 Courts of Justice

    Committee substitute printed 26108207D-S1

  30. 2026-02-18 Courts of Justice

    Reported from Courts of Justice with substitute and rereferred to Finance and Appropriations (13-Y 0-N)

  31. 2026-02-16 Courts of Justice

    Fiscal Impact Statement from Department of Planning and Budget (HB581)

  32. 2026-02-11 Senate

    Constitutional reading dispensed (on 1st reading)

  33. 2026-02-11 Courts of Justice

    Referred to Committee for Courts of Justice

  34. 2026-02-10 House

    Read third time and passed House Block Vote (98-Y 0-N 0-A)

  35. 2026-02-09 House

    Read second time

  36. 2026-02-09 House

    committee substitute agreed to

  37. 2026-02-09 House

    Engrossed by House - committee substitute

  38. 2026-02-06 House

    Read first time

  39. 2026-02-04 Courts of Justice

    Reported from Courts of Justice with substitute (22-Y 0-N)

  40. 2026-02-04 Courts of Justice

    Committee substitute printed 26106977D-H1

  41. 2026-02-02 Civil

    Subcommittee recommends reporting with substitute (9-Y 0-N)

  42. 2026-01-29 Civil

    Assigned HCJ sub: Civil

  43. 2026-01-13 House

    Prefiled and ordered printed; Offered 01-14-2026 26103196D

  44. 2026-01-13 Courts of Justice

    Referred to Committee for Courts of Justice

Official Summary Text

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 SB 753.

Current Bill Text

Read the full stored bill text 
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.
Be it enacted by the General Assembly of Virginia:
1. That §
8.01-40
of the Code of Virginia is amended and reenacted as follows:
§
8.01-40
. Unauthorized use of name or picture of any person; punitive damages; statute of limitations.
A. Any person whose name, portrait,
or
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,
or
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
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.