HB581 — Unauthorized use of voice or likeness; punitive damages, statute of limitations.

Summary

Unauthorized use of voice or likeness; punitive damages, statute of limitations.

Bill Text

Compared against the Code of Virginia as published AI-generated reading aid — verify against the official bill.

This bill amends 1 section(s) of the Code of Virginia: 8.01-40.

• 8.01-40

  For purposes of this section, "digital replica" means a computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that is embodied in a sound recording, image, audiovisual work, or transmission in which the actual individual either did not actually perform or appear, or the actual individual did perform or appear, but the fundamental character of the performance or

  Inserts “For purposes of this section, "digital replica" means a computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that is embodied in a sound recording, image, audiovisual work, or transmission in which the actual individual either did not actually perform or appear, or the actual individual did perform or appear, but the fundamental character of the performance or”.

• 8.01-40

  appearance has been materially altered.

  Inserts “appearance has been materially altered.”.

• 8.01-40

  "

  Inserts “"”.

• 8.01-40

  Digital replica

  Inserts “Digital replica”.

• 8.01-40

  "

  Inserts “"”.

• 8.01-40

  does not include the electronic

  Inserts “does not include the electronic”.

• 8.01-40

  reproduction, use of a sample of one sound recording or audiovisual work into another,

  Inserts “reproduction, use of a sample of one sound recording or audiovisual work into another,”.

• 8.01-40

  remixing, mastering, or digital remastering of a sound recording or audiovisual work

  Inserts “remixing, mastering, or digital remastering of a sound recording or audiovisual work”.

• 8.01-40

  authorized by the copyright holder.

  Inserts “authorized by the copyright holder.”.

• 8.01-40

  B.

  Inserts “B.”.

• 8.01-40

  voice, likeness,

  Inserts “voice, likeness,”.

• 8.01-40

  his

  Strikes “his”.

• 8.01-40

  or her

  Strikes “or her”.

• 8.01-40

  such minor's

  Inserts “such minor's”.

• 8.01-40

  voice, likeness,

  Inserts “voice, likeness,”.

• 8.01-40

  ;

  Strikes “;”.

• 8.01-40

  shall have

  Strikes “shall have”.

• 8.01-40

  , voice, likeness,

  Inserts “, voice, likeness,”.

• 8.01-40

  B. → C.

  Replaces “B.” with “C.”.

• 8.01-40

  Notwithstanding the provisions of subsection B, a person

  Inserts “Notwithstanding the provisions of subsection B, a person”.

• 8.01-40

  or entity

  Inserts “or entity”.

• 8.01-40

  who

  Inserts “who”.

• 8.01-40

  (i) originates and distributes

  Inserts “(i) originates and distributes”.

• 8.01-40

  a

  Inserts “a”.

• 8.01-40

  digital replica of a person's voice or likeness in an expressive audiovisual work or sound recording without

  Inserts “digital replica of a person's voice or likeness in an expressive audiovisual work or sound recording without”.

• 8.01-40

  first obtaining the

  Inserts “first obtaining the”.

• 8.01-40

  prior written consent

  Inserts “prior written consent”.

• 8.01-40

  required by subsection B

  Inserts “required by subsection B”.

• 8.01-40

  or

  Inserts “or”.

• 8.01-40

  (ii) acts as a platform that hosts or facilitates the creation or distribution of such digital replica by a third party and, after receiving notice from the rights holder that such digital replica is unauthorized, fails to promptly remove or disable access to every instance of such unauthorized digital replica

  Inserts “(ii) acts as a platform that hosts or facilitates the creation or distribution of such digital replica by a third party and, after receiving notice from the rights holder that such digital replica is unauthorized, fails to promptly remove or disable access to every instance of such unauthorized digital replica”.

• 8.01-40

  shall be liable to the individual or, if applicable,

  Inserts “shall be liable to the individual or, if applicable,”.

• 8.01-40

  to

  Inserts “to”.

• 8.01-40

  the surviving consort and if none,

  Inserts “the surviving consort and if none,”.

• 8.01-40

  to

  Inserts “to”.

• 8.01-40

  the next of kin, or if a minor, such minor's parent or guardian in an amount equal to the greater of $1,000 or the actual damages suffered by the person, surviving consort, next of kin, parent, or guardian.

  Inserts “the next of kin, or if a minor, such minor's parent or guardian in an amount equal to the greater of $1,000 or the actual damages suffered by the person, surviving consort, next of kin, parent, or guardian.”.

• 8.01-40

  For purposes of clause

  Inserts “For purposes of clause”.

• 8.01-40

  (i), each unauthorized digital replica that originates and is distributed in violation of this subsection shall be treated as a single instance of use, irrespective of the number of times such unauthorized digital replica is shared, copied, or otherwise disseminated

  Inserts “(i), each unauthorized digital replica that originates and is distributed in violation of this subsection shall be treated as a single instance of use, irrespective of the number of times such unauthorized digital replica is shared, copied, or otherwise disseminated”.

• 8.01-40

  ;

  Inserts “;”.

• 8.01-40

  however, the extent of such dissemination may be considered by the court or jury when determining the amount of actual damages.

  Inserts “however, the extent of such dissemination may be considered by the court or jury when determining the amount of actual damages.”.

• 8.01-40

  For purposes of clause (ii), a platform that fails to promptly remove or disable access to every instance of an unauthorized

  Inserts “For purposes of clause (ii), a platform that fails to promptly remove or disable access to every instance of an unauthorized”.

Action History

1. April 13, 2026

   Acts of Assembly Chapter text (CHAP0629)

2. April 13, 2026

   Approved by Governor-Chapter 629 (effective 7/1/2026)

3. March 31, 2026

   Governor's Action Deadline 11:59 p.m., April 13, 2026

4. March 31, 2026

   H Enrolled Bill communicated to Governor on March 31, 2026

5. March 31, 2026

   H Signed by Speaker

6. March 31, 2026

   H Fiscal Impact Statement from Department of Planning and Budget (HB581)

7. March 30, 2026

   S Signed by President

8. March 30, 2026

   H Bill text as passed House and Senate (HB581ER)

9. March 30, 2026

   H Enrolled

10. March 11, 2026

    H Senate substitute agreed to by House (96-Y 0-N 0-A)

11. March 09, 2026

    S Passed Senate with substitute Block Vote (40-Y 0-N 0-A)

12. March 09, 2026

    S Engrossed by Senate - committee substitute

13. March 09, 2026

    S Courts of Justice Substitute agreed to

14. March 09, 2026

    S Read third time

15. March 06, 2026

    S Passed by for the day Block Vote (Voice Vote)

16. March 05, 2026

    S Passed by for the day (Voice Vote)

17. March 05, 2026

    S Constitutional reading dispensed (on 2nd reading) (39-Y 0-N 0-A)

18. March 05, 2026

    S Rules suspended

19. March 04, 2026

    S Reported from Finance and Appropriations (15-Y 0-N)

20. February 23, 2026

    H Fiscal Impact Statement from Department of Planning and Budget (HB581)

21. February 19, 2026

    S Committee substitute printed 26108207D-S1

22. February 18, 2026

    S Rereferred to Finance and Appropriations

23. February 18, 2026

    S Reported from Courts of Justice with substitute and rereferred to Finance and Appropriations (13-Y 0-N)

24. February 16, 2026

    H Fiscal Impact Statement from Department of Planning and Budget (HB581)

25. February 11, 2026

    S Referred to Committee for Courts of Justice

26. February 11, 2026

    S Constitutional reading dispensed (on 1st reading)

27. February 10, 2026

    H Read third time and passed House (98-Y 0-N 0-A)

28. February 09, 2026

    H Engrossed by House - committee substitute

29. February 09, 2026

    H committee substitute agreed to

30. February 09, 2026

    H Read second time

31. February 06, 2026

    H Read first time

32. February 04, 2026

    H Reported from Courts of Justice with substitute (22-Y 0-N)

33. February 04, 2026

    H Committee substitute printed 26106977D-H1

34. February 03, 2026

    H Placed on Courts of Justice Agenda

35. February 02, 2026

    H Subcommittee recommends reporting with substitute (9-Y 0-N)

36. January 29, 2026

    H Placed on Courts of Justice Agenda

37. January 29, 2026

    H Assigned HCJ sub: Civil

38. January 13, 2026

    H Referred to Committee for Courts of Justice

39. January 13, 2026

    H Prefiled and ordered printed; Offered 01-14-2026 26103196D

Sponsors

• Jackie H. Glass · Primary

Votes

Subjects