SB753 • 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: Reeves
Last action: 2026-04-13
Official status: Acts of Assembly Chapter
Effective date: Not listed

Plain English Breakdown

The official source material does not provide specific details on what constitutes 'knowingly' using someone’s voice or likeness illegally.

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 courts the power to award punitive damages if someone knowingly uses another’s voice or likeness illegally.

Who It Names or Affects

People whose voices or likenesses are used without permission
Businesses and individuals who use others' voices or likenesses in advertising or trade

Terms To Know

Punitive damages: Money awarded to a person by a court as punishment for the defendant's wrongful behavior.
Statute of limitations: The legal time limit within which someone can file a lawsuit after an incident occurs.

Limits and Unknowns

Sets a 20-year limit after a person's death for filing such lawsuits.
Does not specify how long people have to sue for unauthorized use of their voice or likeness before the person's death.

Bill History

2026-04-13 Governor
Approved by Governor-Chapter 630 (effective 7/1/2026)
2026-04-13 Governor
Approved by Governor-Chapter 630 (effective 7/1/2026)
2026-04-13 Governor
Acts of Assembly Chapter text (CHAP0630)
2026-03-31 Senate
Enrolled Bill communicated to Governor on March 31, 2026
2026-03-31 Governor
Governor's Action Deadline 11:59 p.m., April 13, 2026
2026-03-31 House
Signed by Speaker
2026-03-31 Senate
Enrolled Bill communicated to Governor on March 31, 2026
2026-03-31 Governor
Governor's Action Deadline 11:59 p.m., April 13, 2026
2026-03-30 Senate
Signed by President
2026-03-30 Senate
Enrolled
2026-03-30 Senate
Bill text as passed Senate and House (SB753ER)
2026-03-12 House
Read third time
2026-03-12 House
Passed House Block Vote (96-Y 0-N 0-A)
2026-03-11 House
Read second time
2026-03-09 Communications, Technology and Innovation
Reported from Communications, Technology and Innovation (21-Y 0-N)
2026-03-02 Courts of Justice
Reported from Courts of Justice and referred to Communications, Technology and Innovation (22-Y 0-N)
2026-02-25 Civil
Subcommittee recommends reporting (8-Y 1-N)
2026-02-24 House
Placed on Calendar
2026-02-24 House
Read first time
2026-02-24 Courts of Justice
Referred to Committee for Courts of Justice
2026-02-24 Civil
Assigned HCJ sub: Civil
2026-02-17 Senate
Read second time
2026-02-17 Senate
Rules suspended
2026-02-17 Senate
Engrossed by Senate Block Vote (Voice Vote)
2026-02-17 Senate
Constitutional reading dispensed Block Vote (on 3rd reading) (39-Y 0-N 0-A)
2026-02-17 Senate
Read third time and passed Senate Block Vote (40-Y 0-N 0-A)
2026-02-16 Courts of Justice
Reported from Courts of Justice (11-Y 0-N)
2026-02-16 Senate
Rules suspended
2026-02-16 Senate
Passed by for the day
2026-02-16 Senate
Constitutional reading dispensed Block Vote (on 1st reading) (39-Y 0-N 0-A)
2026-02-16 Senate
Passed by for the day Block Vote (Voice Vote)
2026-02-11 Courts of Justice
Reported from Courts of Justice
2026-01-20 Senate
Presented and ordered printed 26104402D
2026-01-20 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 HB 581.

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.