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Virginia Code § 8.01-40 — Unauthorized commercial use of voice, likeness, name or image

AI-use reference. Current; 2026 amendment adds voice/likeness. Applies to: Persons using another’s identity for advertising or trade Requirements or purpose: Prior written consent required for covered commercial use of name, portrait, picture, voice or…

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AI-use reference. Current; 2026 amendment adds voice/likeness. Applies to: Persons using another’s identity for advertising or trade Requirements or purpose: Prior written consent required for covered commercial use of name, portrait, picture, voice or likeness; subject may seek injunction and damages; knowing use may support punitive damages. Limits: Not a general all-context ban on AI images/voices. Current provision retains20-yearpostdeath limit; expansive proposed digital-replica language was not adopted in this operative text.

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Virginia state agencies
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AI governance and legal reference
Public body
Virginia state agencies

Source notes

Official source reviewed October 26, 2026. Virginia statute. Dates/version: 2026-07-01 (2026 amendments approved April 13). Locator: A–B; lines 35–41; chapter 630 enactment Not a general all-context ban on AI images/voices. Current provision retains20-yearpostdeath limit; expansive proposed digital-replica language was not adopted in this operative text.

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