(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.
Amended by Chapter 324, 2026 General Session