Chap. 66.—An ACT to prevent the unauthorized use of the name or picture of any
person for the purpose of trade or for advertising purposes.

Approved March 7, 1904.

1. Be it enacted by the general assembly of Virginia, That a person,
firm, or corporation that knowingly uses for advertising purposes, or for
the purposes of trade, the name, portrait, or picture of any living person,
resident in the State, without having first obtained the written consent
of such person, or, if a minor, of his or her parent or guardian, as well
as that of said minor, shall be deemed guilty of a misdemeanor and be
fined not less than fifty nor more than one thousand dollars.
2. Any person whose name, portrait, or picture is used within this
State for advertising purposes or for the purposes of trade, without the
written consent first obtained as above provided, may maintain a suit in
equity against the person, firm, or corporation so using his name, por-
trait, or picture, 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, or picture in such manner as is forbidden or declared to be
unlawrul by this act, the jury, in its discretion, may award exemplary

amages.