VA ST s 8.01-40
Code 1950, s 8.01-40
CODE OF VIRGINIA
TITLE 8.01. CIVIL REMEDIES AND PROCEDURE.
CHAPTER 3. ACTIONS.
ARTICLE 3. INJURY TO PERSON OR PROPERTY.
Current through End of 1998 Reg. Sess.
s 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, s 8-650; 1977, c. 617.)
CODE OF VIRGINIA
TITLE 18.2. CRIMES AND OFFENSES GENERALLY.
CHAPTER 6. CRIMES INVOLVING FRAUD.
ARTICLE 8. MISREPRESENTATIONS AND OTHER OFFENSES CONNECTED WITH SALES.
s 18.2-216.1 Unauthorized use of name or picture of any person; punishment.
A person, firm, or corporation that knowingly uses for advertising purposes, or for the purpose of trade, the name, portrait, or picture of any person resident in the Commonwealth, without having first obtained the written consent of such person, or if dead, of his surviving consort, or if none, his next of kin, or, if a minor, of his or her parent or guardian, as well as that of such minor, shall be deemed guilty of a misdemeanor and be fined not less than $50 nor more than $1,000.