As used in this part: (1) (a) "Administrative cost" means a reasonable cost that a content creator incurs when making social media content. (b) "Administrative cost" includes: (i) an expense directly related to the production of social media content; and (ii) a social media service fee. (c) "Administrative cost" does not mean any income a content creator pays to the content creator. (2) "Compensated content" means paid minutes that feature a qualifying minor's personal content. (3) (a) "Content creator" means an individual who produces social media content. (b) "Content creator" does not include a minor who is the sole producer of the minor's own social media content. (4) "Content share" means a determination, that a content creator makes on the first of each calendar month, of the percentage of minutes of a content creator's social media content that: (a) were published in the calendar month immediately before the day on which the content creator makes the determination; and (b) feature the personal content of an individual other than the content creator. (5) "Emotional harm or substantial embarrassment" means psychological or emotional distress a reasonable, similarly situated individual would feel resulting from the individual's personal content appearing in a content creator's social media content. (6) "Income from social media" means the income a content creator receives from creating social media content after the content creator makes reasonable deductions for administrative costs. (7) "Market value compensated minor" means a minor who: (a) in a calendar year, has an average monthly content share of at least 30% of a content creator's content; (b) is featured in social media content where the content creator: (i) received income from social media of at least $150,000 in a calendar year; and (ii) is the parent or guardian of the minor; (c) receives compensation for appearing in a content creator's content that is substantially equivalent to the compensation that similarly situated represented minors would receive; (d) is not represented in negotiations relating to the minor's appearance in the content creator's content; and (e) is not a qualified minor or a represented minor. (8) "Minor" means an individual who is under 18 years old. (9) "Minor content earnings" means any portion of income from social media that resulted from paid minutes featuring a qualifying minor. (10) "Paid minutes" means the total number of minutes of social media content that generates income from social media. (11) (a) "Performer" means an individual who, either directly or through a third-party: (i) renders artistic or creative services in a motion picture, theater, radio, television production, or social media content in exchange for compensation under an employment contract; (ii) agrees to sell, lease, license, transfer, exchange, or otherwise dispose of for the purpose of use in motion pictures or theatrical, radio, or television productions: (A) literary, musical, artistic, or dramatic properties; (B) the use of the individual's name, likeness, recording, or performance; or (C) the story of or the incidents in the life of the individual; or (iii) appears in social media content as a market value compensated minor. (b) "Performer" includes an individual who engages in an activity described in Subsection (11)(a) (i) or (ii) as: (i) an actor or actress; (ii) a dancer; (iii) a musician; (iv) a stunt double; (v) a writer; (vi) a director; (vii) a producer; (viii) a choreographer; (ix) a composer; (x) a conductor; (xi) a designer; or (xii) a represented minor. (12) "Personal content" means social media content that features an individual's name, likeness, or photograph, or for which an individual is the subject of an oral narrative. (13) "Qualifying minor" means a minor who: (a) a content creator determines on January 1 of each year, that in the immediately preceding calendar year: (i) had an average monthly content share of at least 30% of a content creator's content; and (ii) was featured in social media content where the content creator received income from social media of at least $150,000 in a calendar year; and (b) is not a represented minor or a market value compensated minor. (14) "Represented minor" means a minor: (a) who in a calendar year, has an average monthly content share of at least 30% of a content creator's content; (b) who is featured in social media content where the content creator received income from social media of at least $150,000 in a calendar year; (c) (i) who is represented by a parent, guardian, attorney, or other individual with a fiduciary duty to the minor and who is not the content creator in negotiations relating to a minor's appearance in a content creator's social media content; and (ii) whose parent, guardian, attorney, or other individual with a fiduciary duty to the minor enters into an employment agreement with the content creator. (15) "Social media company" means the same as that term is defined in Section 13-71-101. (16) "Social media content" means video content shared on a social media service that meets the social media service's threshold for the generation of income from social media. (17) "Social media service" means the same as that term is defined in Section 13-71-101.
‹ Prev All Utah sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.