Unauthorized use of name, portrait, etc.; digital replica, civil liability, statute of limitations.

The bill changed from adding a new chapter to amending an existing section of the Code of Virginia.

The definition of 'digital replica' was simplified and removed detailed sub-clauses about commercial use and reasonable person standards.

The substitute removed the new 'right holder' concept and instead relies on existing right of publicity rights, requiring consent from the person, surviving spouse, next of kin, or parent/guardian for minors.

Damages changed from a minimum of $5,000 per unauthorized use to a minimum of $1,000 per unauthorized use.

The substitute removed provisions about online service liability limits and the ability to continue using authorized digital replicas after license expiration.

The effective date changed from July 1, 2026 to 100 years after the death of the person (matching the existing statute of limitations in § 8.01-40).

The substitute removed requirements for notarized written licenses and age-specific license duration limits (10 years for adults, 5 years for minors).

The exceptions for news, documentary, and parody use were modified to include First Amendment protections and additional conditions about not creating false impressions of authenticity.