2011 Code of Virginia
Title 8.01 CIVIL REMEDIES AND PROCEDURE.
Chapter 3 Actions (8.01-25 thru 8.01-227.10)
8.01-40 Unauthorized use of name or picture of any person; exemplary damages; statute of limitation...
8.01-40. Unauthorized use of name or picture of any person; exemplary damages; statute of limitations.
A. Any person whose name, portrait, or picture 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 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 in such manner as is forbidden or declared to be unlawful by this chapter, the jury, in its discretion, may award exemplary damages.
B. No action shall be commenced under this section more than twenty years after the death of such person.
(Code 1950, 8-650; 1977, c. 617.)
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