8.01-40 - Unauthorized use of name or picture of any person; exemplary damages; statute of limitations. - Virginia Statutes

§ 8.01-40. Unauthorized use of name or picture of any person; exemplarydamages; statute of limitations.

A. Any person whose name, portrait, or picture is used without having firstobtained the written consent of such person, or if dead, of the survivingconsort and if none, of the next of kin, or if a minor, the written consentof his or her parent or guardian, for advertising purposes or for thepurposes of trade, such persons may maintain a suit in equity against theperson, firm, or corporation so using such person's name, portrait, orpicture to prevent and restrain the use thereof; and may also sue and recoverdamages for any injuries sustained by reason of such use. And if thedefendant shall have knowingly used such person's name, portrait or picturein 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 yearsafter the death of such person.

(Code 1950, § 8-650; 1977, c. 617.)