(1)A content creator that produces social media content featuring a qualifying minor shall maintain a monthly record of:
(1)(a) income from social media;
(1)(b) the qualifying minor's name and documentation of the qualifying minor's age;
(1)(c) paid minutes;
(1)(d) minor content earnings;
(1)(e) compensated content; and
(1)(f) the funds transferred into a trust for the benefit of a qualifying minor, as described in Subsection (5).
(2)The content creator shall:
(2)(a) retain the records described in Subsection (1) for at least two years after the day on which the content creator creates the records;
(2)(b) provide notice to the qualifying minor of the existence of the records; and
(2)(c) make the records readily available to the minor for review upon request from the qualifying minor.
Free access — add to your briefcase to read the full text and ask questions with AI
(1) A content creator that produces social media content featuring a qualifying minor shall maintain a monthly record of:
(1)(a) income from social media;
(1)(b) the qualifying minor's name and documentation of the qualifying minor's age;
(1)(c) paid minutes;
(1)(d) minor content earnings;
(1)(e) compensated content; and
(1)(f) the funds transferred into a trust for the benefit of a qualifying minor, as described in Subsection (5).
(2) The content creator shall:
(2)(a) retain the records described in Subsection (1) for at least two years after the day on which the content creator creates the records;
(2)(b) provide notice to the qualifying minor of the existence of the records; and
(2)(c) make the records readily available to the minor for review upon request from the qualifying minor.
(3) (3)(a) If any portion of a content creator's social media content contains a minor, on January 1 of each year, the content creator shall make a determination as to whether the minor is a qualifying minor.
(3)(b) If a content creator determines that a minor is a qualifying minor, the content creator shall inform the qualifying minor's parent or guardian, in writing and within 15 business days:
(3)(b)(i) that the minor is a qualifying minor; and
(3)(b)(ii) of any compensation the content creator shall pay to the qualifying minor in accordance with Subsection (5).
(3)(c) Within 15 days after the day on which the content creator informs the qualifying minor's parent or guardian as described in Subsection (3)(b), the parent or guardian of the qualifying minor shall, if the total amount of compensation described in Subsection (3)(b)(ii) equals or exceeds $20,000:
(3)(c)(i) establish a trust for the benefit of the qualifying minor in accordance with Title 75A, Chapter 8, Uniform Transfer to Minors;
(3)(c)(ii) notify the content creator of the existence of the trust; and
(3)(c)(iii) provide any additional information required for the content creator to make transfers of gross earnings into the trust.
(3)(d) If the parent or guardian of the qualifying minor is the content creator, the requirement to notify the qualifying minor's parent or guardian described in Subsections (3)(b) and (3)(c) does not apply.
(4) (4)(a) The qualifying minor's parent or guardian may serve as the trustee of the trust.
(4)(b) If the average monthly balance of the trust exceeds $250,000 for a consecutive period of at least six months:
(4)(b)(i) the trustee of the trust shall petition a court to appoint a trustee to replace the trustee; and
(4)(b)(ii) after receiving a petition under Subsection (4)(c)(i), a court shall appoint a new trustee to replace the trustee.
(4)(c) The qualifying minor's parent or guardian may not access the funds in the trust.
(4)(d) A beneficiary of a trust established under this section may access the funds in the trust beginning the day on which the beneficiary turns 18 years old.
(5) (5)(a) If a content creator's content had minor content earnings in the previous month, a content creator shall use the formula E = (A/T) * (Q/S) * (M/2) or the formula E = (A/T) * (1/X) * (M/2) to determine the qualifying minor's earnings to transfer to each qualifying minor where:
(5)(a)(i) E = a qualifying minor's earnings;
(5)(a)(ii) A = all paid minutes featuring any qualifying minor;
(5)(a)(iii) T = total paid minutes;
(5)(a)(iv) Q = paid minutes featuring the qualifying minor;
(5)(a)(v) S = the sum of paid minutes for all qualifying minors;
(5)(a)(vi) M = the preceding month's income from social media; and
(5)(a)(vii) X = the total number of qualifying minors; and
(5)(b) (5)(b)(i) subject to Subsection (5)(b)(ii), transfer the minor's earnings described in Subsection (5)(a)(i) directly to the qualifying minor; or
(5)(b)(ii) after the qualifying minor's parent or guardian establishes a trust as described in Subsection (3)(c), transfer the qualifying minor's earnings calculated to each qualifying minor's trust.
(6) (6)(a) The content creator shall make a transfer described in Subsection (5) in accordance with Title 75A, Chapter 8, Uniform Transfer to Minors.
(6)(b) The content creator shall make the calculations and the transfers described in Subsection (5) before the end of the month following the month in which the content creator received minor content earnings.
(7) (7)(a) A content creator may petition a court for an exception to Subsection (5) if:
(7)(a)(i) the content creator shows complying with Subsection (5) causes undue hardship;
(7)(a)(ii) the content creator provides an alternative plan to distribute compensation to a qualifying minor; and
(7)(a)(iii) the content creator commits to establishing an alternative trust that complies with the requirements of this section.
(7)(b) A court shall issue an order granting an exception to Subsection (5) if the court determines:
(7)(b)(i) the content creator adequately shows that complying with Subsection (5) causes undue hardship; and
(7)(b)(ii) the alternative plan described in Subsection (7)(a)(ii) is in the best interest of the qualifying minor.
(8) Notwithstanding any other statute of limitation or repose that may be applicable to an action described in this section, an individual, for up to five years after the day on which the individual turns 18 years old, has a right of action:
(8)(a) against:
(8)(a)(i) a content creator if the content creator fails to transfer funds to the individual's trust during the time the individual was a qualifying minor as required under this section;
(8)(a)(ii) a trustee if the trustee fails to appoint a trust company to serve as the trustee as required under this section; and
(8)(a)(iii) an individual's parent or guardian, if the parent or guardian fails to:
(8)(a)(iii)(A) establish a trust as required under this section; or
(8)(a)(iii)(B) notify the content creator of the existence of the trust as required under this section; and
(8)(b) only if a court did not issue an order granting an exception as described in Subsection (7)(b).
(9) If an individual brings a cause of action under Subsection (8), a court may award:
(9)(a) actual damages;
(9)(b) punitive damages;
(9)(c) any other remedy provided by law; and
(9)(d) reasonable costs and attorney fees.
(10) A minor that creates, produces, or publishes the minor's own social media content is entitled to all compensation resulting from the social media content.
(11) The provisions of this section supersede any agreement related to venue, arbitration, or mediation in a contract entered into after May 7, 2025, between a qualifying minor and a content creator.