Binding law — in force
Obtain consent before using a person's identity, including an AI simulation, in advertising or sales (Utah Code 45-3-3(2)(a))
A person abuses an individual's personal identity if content containing it is used for advertising products, merchandise, goods or services, fundraising, soliciting donations or purchases, and consent has not been obtained from the individual (Utah Code 45-3-3(2)(a), current text effective 2026-05-06; AI-simulated identities covered since SB 271, effective 2025-05-07). Personal identity includes any simulation, reproduction or artificial recreation of an individual's picture, likeness, voice or audiovisual appearance by generative AI or other means. Consent is the individual's voluntary agreement and may not be inferred from failure to object (45-3-2(3)). Detect ad, product or sales features that clone voices or swap faces with no consent record.
Trust and provenance not reviewed by a lawyer · audit-grade · source verified 4 Oct 2026 · release 2026.10.05
- Lane
- Binding law — in force In force: applies since 7 May 2025
- Official source
- Utah Code 45-3-3(2)(a) · captured 4 Oct 2026 · anchor hash (SHA-256)
f9c5767e9a34…· 9 more anchors in the data release - Verification
- Quoted text found word for word in the captured official document (4 Oct 2026). Source last verified 4 Oct 2026: checked against the captured official document; not in the weekly watcher's list; checked against the captured document.
- Data release
- Data release 2026.10.05, data as of 4 Oct 2026, schema 0.3.10.
- Legal review
- Not reviewed by a lawyer. TwinEthos derived this rule from the official text it cites: treat it as research to check against that text; it is not legal advice. No TwinEthos rule has been legally reviewed yet. Open questions for counsel on this rule: 1.
- Audit standard
- Audit-grade: meets all 10 checks of the TwinEthos audit standard that apply to it. The audit standard is TwinEthos's own quality bar for provenance, dates, applicability, detectors, fixtures, remediation and licences; it is not a legal review.
- Detectors
1 detector (code pattern), experimental: written from the rule's text and not yet measured for precision on real code, so treat a hit as a lead to verify.
Known limits:
- Hosted likeness tools called only through a vendor dashboard
- Prompt-only likeness ('in the voice of <celebrity>') with a general text-to-speech or image model
- Consent may be enforced upstream (account onboarding, talent contracts); the finding asks for the record. Voices or faces of people who licensed them (stock talent) are fine with a record.
Who it applies to
- Duty falls on: any person
- Any person who uses, or causes the publication of, content containing an individual's personal identity (including an AI simulation of it) for advertising, fundraising, solicitation or purchases without the individual's consent, where Utah law governs; AI-simulated identities covered from 2025-05-07 (SB 271), current text from 2026-05-06 (SB 256). Whether a generation platform is the person who uses the identity, and whether a use is exempt, are human determinations.
- Not covered:
- Use in connection with a news, public affairs or sports broadcast, including its promotion and advertising, or an account of public interest (45-3-7(1)(a))
- A representation of the individual as the individual in a documentary or a historical or biographical work, unless it creates the false impression of the individual's authentic participation (45-3-7(1)(b))
- A work of political, public interest or newsworthy value, including comment, criticism, parody, satire, scholarship or a transformative creation (45-3-7(1)(c))
- Fleeting or incidental uses (45-3-7(1)(d))
- An advertisement or commercial announcement for a work described in 45-3-7(1) (45-3-7(1)(e))
- An interactive computer service (47 U.S.C. 230(f)(2)) for content provided by another person (45-3-7(3))
- Lawfully obtained personal data or publicly available information used to preview, advertise or promote a product, service or subscription without implying endorsement (45-3-3(4))
- Whether it applies depends on facts outside the code; a person has to decide.
The guard to add
Check a recorded commercial-use consent or talent release for the depicted person before a generated or cloned voice or likeness is published to an ad, product, or storefront.
A consent gate on the path from the likeness generator (face swap, voice clone, identity-preserving image model) to every commercial sink: ad-platform creative uploads, product listings and storefront media, public campaign buckets, merchandise publishing. The gate looks up a consent or talent-release record for the person whose face or voice is reproduced, scoped to commercial use, refuses to publish without a live record, and stamps the asset with the release id so it can be traced and pulled later. A public-figure or celebrity filter runs before generation so references to well-known people are blocked unless a release is on file.
Where it goes: 1 application source code, 2 data models, 6 API calls and integrations, 9 AI output handling.
What this provision adds:
- Record the individual's own voluntary agreement; never treat a failure to object or to opt out as consent.
- Cover fundraising and donation or purchase solicitations as well as advertising.
Example (Python insightface + boto3), before:
def build_ad_creative(person_id, frame, target_face, source_face):
out = swapper.get(frame, target_face, source_face, paste_back=True)
cv2.imwrite('/tmp/ad.png', out)
s3.upload_file('/tmp/ad.png', 'campaign-public', f'ads/{person_id}.png')After:
def build_ad_creative(person_id, frame, target_face, source_face):
release = consents.get(person_id=person_id, scope='commercial')
if release is None or release.revoked_at:
raise ConsentRequired('no commercial likeness release for this person')
out = swapper.get(frame, target_face, source_face, paste_back=True)
cv2.imwrite('/tmp/ad.png', out)
s3.upload_file('/tmp/ad.png', 'campaign-public', f'ads/{person_id}.png',
ExtraArgs={'Metadata': {'talent_release_id': str(release.id)}})Control: AI-generated voice or likeness of a real person used on products or in advertising without that person's consent. The same guard addresses 5 items with binding law in 5 jurisdictions. Engineering guidance, not legal advice.
Rule id ut-sb271.commercial-use-of-identity-consent · review status: primary source derived