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AI Summary
This bill expands civil liability for unauthorized use of a person's digital replica, requires platforms to remove such replicas upon notification, and extends the statute of limitations for related claims.
Business Impact
If you create or distribute digital content using AI in Virginia, you must obtain consent for likeness use or face damages starting at $1,000.
What do these statuses mean? ▼
Introduced
— Filed in the legislature; not yet heard in committee
In Committee
— Assigned to and being reviewed by a legislative committee
Passed
— Approved by one or both chambers; awaiting further action
Signed / Enacted
— Signed into law by the governor; may or may not be in effect yet
Dead / Vetoed
— Vetoed, failed to pass, or session expired without action
Unknown
— Status data not yet available or awaiting classification
Affected Industries
Topics How we classify →
What This Means
Virginia's HB2462 addresses the unauthorized use of a person's name, likeness, and digital replicas, establishing civil liability for non-compliance. Platforms must remove unauthorized replicas upon notification to avoid liability. The bill significantly extends the statute of limitations for claims, allowing actions to be taken up to 100 years after a person's death. Businesses involved in digital content creation must be aware of the new consent requirements and exceptions to avoid potential legal repercussions.
Key Provisions
- Defines 'digital replica' as a realistic electronic representation of an individual's voice or likeness.
- Establishes civil liability for unauthorized use of digital replicas without consent.
- Extends the statute of limitations for claims from 20 years to 100 years after a person's death.
- Allows for punitive damages if the unauthorized use is found to be willful.
- Exempts certain uses from consent requirements, such as news reporting and commentary.
- Clarifies that internet service providers are not liable for unauthorized content they do not create.
- Requires platforms to remove unauthorized digital replicas upon notification to avoid liability.
Latest Legislative Action
Failed to Pass from conference
Bill Sponsors
| Name | Role | District |
|---|---|---|
| Jackie Glass D | Sponsor | HD-089 |
| Nadarius Clark D | Sponsor | HD-079 |
Roll Call Votes (showing 3 of 8)
H ·
Senate substitute rejected by House (1-Y 97-N) ·
Feb 20, 2025
1 Yea
97 Nay
2 Other
S ·
Senate insisted on substitute (39-Y 0-N) ·
Feb 20, 2025
39 Yea
0 Nay
1 Other
Passed ✓
S ·
Passed Senate with substitute (22-Y 17-N) ·
Feb 19, 2025
22 Yea
17 Nay
1 Other
Passed ✓
Compliance Checklist
Obtain written consent for using a person's likeness or digital replica.
Who: Content creators and distributors.
Penalty: Liability for damages starting at $1,000 per instance.
Who: Content creators and distributors.
Penalty: Liability for damages starting at $1,000 per instance.
Remove unauthorized digital replicas upon receiving notice.
Who: Platforms hosting digital content.
Deadline: Promptly after receiving notice.
Penalty: $1,000 for each instance that remains accessible.
Who: Platforms hosting digital content.
Deadline: Promptly after receiving notice.
Penalty: $1,000 for each instance that remains accessible.
Full Legal Analysis
HB2462 amends § 8.01-40 of the Code of Virginia to include civil liability for the unauthorized use of a person's digital replica, defined as a highly realistic electronic representation of an individual's voice or likeness. The bill requires written consent from the individual or their representatives before such representations can be used for advertising or trade purposes, with exceptions for certain uses such as news broadcasts or commentary. Notably, the statute of limitations for bringing claims is extended from 20 years to 100 years after the individual's death, significantly impacting how long heirs can seek damages for unauthorized use. The bill applies to any person or entity that creates, distributes, or facilitates the distribution of digital replicas without consent. This includes platforms that host such content, which must act promptly to remove unauthorized replicas upon notification. The penalties for non-compliance include a minimum of $1,000 or actual damages for each instance of unauthorized use, emphasizing the importance of obtaining proper consent. Key definitions include 'digital replica,' which encompasses both altered and unaltered representations of an individual, while exceptions are provided for certain uses, such as news broadcasts or commentary. This bill aligns with growing trends in other states to protect individuals' likenesses in the digital age, reflecting the increasing intersection of technology and personal rights.
Official Source
Official Bill Text
View HB2462 on official legislature website →
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