45-3-2. Definitions.

393 words·~2 min read·/ut/title-45/chapter-3/45-3-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

As used in this chapter:

(1)"Advertisement" means a notice designed to attract public attention or patronage and includes a list of supporters for a particular cause.

(2)"Cause the publication" means:

(a)that a person:

(i)prepares or requests another to prepare:

(A)an advertisement of the type described in Subsection 45-3-3(2)(a) ; or

(B)content that uses, simulates, or recreates an individual's personal identity; and

(ii)submits or requests another to submit the advertisement or content for publication; and

(b)the advertisement or content has been published.

(a)"Consent" means an individual's voluntary agreement to the use of that individual's personal identity.

(b)"Consent" may not be inferred by the failure of the individual to request that the individual's personal identity not be used or that the individual's name be removed from a mailing or supporter list.

(4)"Content" means audio, video, image, text, or other media, regardless of format.

(5)"Generative artificial intelligence" means an artificial intelligence technology system that:

(a)is trained on data;

(b)responds to human input; and

(c)is capable of generating content similar to content created by a human, with limited or no human involvement in the generation.

(6)"Individual" means a natural person, living or dead.

(7)"Person" means any natural person, firm, partnership, association, corporation, joint venture, or any other form of business organization or arrangement, and the agents or representatives of such persons.

(a)"Personal identity" means an individual's:

(i)picture;

(ii)portrait;

(iii)visual or video likeness;

(iv)voice; or

(v)audiovisual appearance.

(b)"Personal identity" includes any simulation, reproduction, or artificial recreation of the content described in Subsection (8)(a) , whether created through:

(i)generative artificial intelligence;

(ii)computer animation;

(iii)digital manipulation; or

(iv)any other technological means.

(9)"Publish" means that a person provides the instrumentality through which an advertisement or content is communicated to another person.

(10)"Right holder" means the individual or a person to whom the individual's right in the individual's personal identity has descended or been transferred, including an executor, successor, heir, assignee, licensee, or devisee of the individual.

(11)"Voice" means a computer-generated sound in a medium that is readily identifiable and attributable to a particular individual, regardless of whether the sound contains the actual voice of the individual.

Amended by Chapter 489 , 2026 General Session