Va. Code » Title 8.01. Civil Remedies and Procedure » Chapter 3. Actions » Article 3. Injury to Person or Property
Virginia Code

Va. Code Ann. § 8.01-40 (2026)

Unauthorized use of name or picture of any person; punitive damages; statute of limitations

✓ current as of May 2026
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A. Any person whose name, portrait, picture, voice, or likeness 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, picture, voice, or likeness 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, picture, voice, or likeness in such manner as is forbidden or declared to be unlawful by this chapter, the jury, in its discretion, may award punitive damages.

B. No action shall be commenced under this section more than 20 years after the death of such person.

Code 1950, § 8-650; 1977, c. 617; 2015, c. 710; 2026, cc. 629, 630.

Notes of Decisions
Cited in 52 cases (8 in the last 5 years), 1980–2025 · leading case: WJLA-TV. v. Levin, 564 S.E.2d 383 (Va. 2002).
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WJLA-TV. v. Levin, 564 S.E.2d 383 (Va. 2002). · cites it 29× “Levin’s image was not in violation of Code § 8.01-40 because it was used to promote a newsworthy story and not for advertising.”
Lavery v. Automation Mgmt. Consultants, Inc., 360 S.E.2d 336 (Va. 1987). · cites it 62× “(AMCI), seeking damages for the unauthorized use of Lavery's name for trade purposes in violation of Code § 8.01-40. Lavery, who was engaged in the business of providing professional consulting services for information systems, complained that on August 31, 1981, AMCI, acting…”
Town & Country Props., Inc. v. Riggins, 457 S.E.2d 356 (Va. 1995). · cites it 20× “Code § 8.01-40(A) provides that if any person’s name is used “for advertising purposes or for the purposes of trade,” without first obtaining the individual’s written consent, such person may sue and recover damages from the person, firm, or corporation so using the name “for…”
PTS CORP. v. Buckman, 561 S.E.2d 718 (Va. 2002). · cites it 28× “The complaint alleged that “[t]he actions of the Defendants constitute^] a blatant violation of Code of Virginia § 8.01-40, which authorizes Plaintiff to pursue a suit to prevent and restrain the unauthorized use of his name.”
Cornwell v. Sachs, 99 F. Supp. 2d 695 (E.D. Va. 2000). · cites it 25× “§ 1125 (a) and Virginia’s privacy statute, Va.Code Ann. § 8.01-40. Cornwell simultaneously moved for a preliminary injunction to restrain Sachs from the unauthorized use of her name and from issuing false and misleading advertising by making statements asserting that a novel…”
Wiest v. E-Fense, Inc., 356 F. Supp. 2d 604 (E.D. Va. 2005). · cites it 12× “Wiest also states a claim for statutory invasion of privacy under Virginia law because the allegations in the complaint meet the requirements of Va.Code Ann. § 8.01-40 (Michie 2004). Mr.”
Steele v. Goodman, 382 F. Supp. 3d 403 (E.D. Va. 2019). · cites it 6× “Plaintiffs argue that the Court must disregard Goodman's Motion to Dismiss because Goodman filed the Answer first, waiving his ability to file a Rule 12(b)(6) motion. Fed. R. Civ. P. 12(b) ("A motion asserting any of these defenses must be made before pleading if a responsive…”
Streno v. Shenandoah Univ., 278 F. Supp. 3d 924 (W.D. Va. 2017). · cites it 6× “Streno also claims that Shenandoah used his picture in an advertisement for a University-sponsored event without his permission in violation of Virginia Code § 8.01-40. (See generally First Am. Compl.”
Nossen v. Hoy, 750 F. Supp. 740 (E.D. Va. 1990). · cites it 5× “Based on these allegations, Nossen has filed suit against Hoy for the unauthorized use of his name pursuant to Virginia Code § 8.01-40, for the unlawful conversion of Nossen’s property (his name, reputation and work), and for quasi-contract for the alleged unjust enrichment…”
BHR Recovery Cmtys., Inc. v. Top Seek, LLC, 355 F. Supp. 3d 416 (E.D. Va. 2018). · cites it 6× “Count 1: Unauthorized Use of a Name ( Va. Code § 8.01-40 ) Virginia Code § 8.01-40(A) provides: 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…”
Falwell v. Penthouse Int'l, Ltd., 521 F. Supp. 1204 (W.D. Va. 1981). · cites it 5× “(5) Invasion of Privacy: Commercialization of Plaintiff’s Personality The only remedy available for an invasion of privacy in Virginia is statutory, [Va.Code § 8.01-40 (1950) as amended]. Virginia has never recognized a common law cause of action for invasion of privacy.”
Superformance Int'l, Inc. v. Hartford Cas. Ins., 203 F. Supp. 2d 587 (E.D. Va. 2002). · cites it 4× “01-40(A) of the Virginia Code provides relief to any “person whose name, portrait, or picture is used without having first obtained the written consent of such person-” See Va.Code Ann. § 8.01-40(A) (Michie 2000) (emphasis added).”
Show all 52 citing cases →
— Va. Code Ann. § 8.01-40(A) — 22 cases
Town & Country Props., Inc. v. Riggins, 457 S.E.2d 356 (Va. 1995). “Code § 8.01-40(A) provides that if any person’s name is used “for advertising purposes or for the purposes of trade,” without first obtaining the individual’s written consent, such person may sue and recover damages from the person, firm, or corporation so using the name “for…”
WJLA-TV. v. Levin, 564 S.E.2d 383 (Va. 2002). “Levin’s image was not in violation of Code § 8.01-40 because it was used to promote a newsworthy story and not for advertising.”
PTS CORP. v. Buckman, 561 S.E.2d 718 (Va. 2002). “The complaint alleged that “[t]he actions of the Defendants constitute^] a blatant violation of Code of Virginia § 8.01-40, which authorizes Plaintiff to pursue a suit to prevent and restrain the unauthorized use of his name.”
Lavery v. Automation Mgmt. Consultants, Inc., 360 S.E.2d 336 (Va. 1987). “(AMCI), seeking damages for the unauthorized use of Lavery's name for trade purposes in violation of Code § 8.01-40. Lavery, who was engaged in the business of providing professional consulting services for information systems, complained that on August 31, 1981, AMCI, acting…”
Nossen v. Hoy, 750 F. Supp. 740 (E.D. Va. 1990). “Based on these allegations, Nossen has filed suit against Hoy for the unauthorized use of his name pursuant to Virginia Code § 8.01-40, for the unlawful conversion of Nossen’s property (his name, reputation and work), and for quasi-contract for the alleged unjust enrichment…”
— Va. Code Ann. § 8.01-40(B) — 1 case
Lavery v. Automation Mgmt. Consultants, Inc., 360 S.E.2d 336 (Va. 1987). “(AMCI), seeking damages for the unauthorized use of Lavery's name for trade purposes in violation of Code § 8.01-40. Lavery, who was engaged in the business of providing professional consulting services for information systems, complained that on August 31, 1981, AMCI, acting…”
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