Unauthorized use of voice or likeness; punitive damages, statute of limitations.
The proposed changes would enable individuals to maintain a suit in equity against entities that use their likeness without consent, thereby reinforcing privacy and personal rights. The bill also instigates punitive damages if the defendant knowingly commits an infringement, which may serve as a deterrent against unauthorized use of personal images and sounds. Such legal provisions aim to empower individuals and provide them with remedies for unauthorized exploitation of their identities.
Senate Bill 1421, introduced by Patron Reeves in January 2025, amends the Code of Virginia to tackle the unauthorized use of an individual's voice or likeness. It specifically allows individuals to seek legal recourse if their name, portrait, picture, voice, or likeness is used without their written consent for advertising or trade. This bill is significant as it seeks to enhance protections for personal identity, particularly in an age where digital reproductions are prevalent and often exploited without authorization.
A notable point of contention around SB1421 may arise concerning the statute of limitations imposed on actions taken under this law, which states that no action can be commenced more than 20 years after the death of an individual. This time frame could lead to debates regarding the balance between protecting individuals' rights to control their likenesses and the practical implications of such long-term claims, especially for estates or heirs who wish to pursue claims posthumously.