The state of Illinois has made history by passing legislation requiring compensation for child influencers in recognition of the particular difficulties and hazards connected with these individuals. This action aims to safeguard the rights and interests of young content creators while maintaining a focus on their welfare.
The Coogan Act of California, which was created in 1939 to protect the profits of child performers, served as the model for the new law that will go into effect in Illinois next July. The national Fair Labor Standards Act does not address youngsters who perform online, and neither do any of these statutes.
The law now requires that content producers in Illinois set aside a percentage of any profits from recordings that contain the “likeness, name, or photograph of the minor” in a trust so that they can access it once they reach adulthood. The amount of income allotted depends on how frequently that minor appears in the content, including in narratives that don’t necessarily display their appearance.
Public Act 103-0556 of Illinois states the following.
All vloggers whose content features a minor under the age of 16 engaged in the work of vlogging shall maintain the following records and shall provide them to the minor on an ongoing basis:
(1) The name and documentary proof of the age of the minor engaged in the work of vlogging;
(2) The number of vlogs that generated compensation as described in subsection (a) during the reporting period;
(3) The total number of minutes of the vlogs that the vlogger received compensation for during the reporting period;
(4) The total number of minutes each minor was featured in vlogs during the reporting period;
(5) The total compensation generated from vlogs featuring a minor during the reporting period;
(6) The amount deposited into the trust account for the benefit of the minor engaged in the working of vlogging, as required by Section 12.6.
If a vlogger whose vlog content features minors under the age of sixteen engaged in the work of vlogging fails to maintain the records as provided in subsection (c), the minor may commence a civil action to enforce the provisions of this Section.
In response to Nallamothu’s letter, Illinois Gov. J. B. Pritzker on Friday signed a bill amending the state’s Child Labor Law that will give teenagers over the age of 18 the ability to sue their parents if they appear in monetized social media videos and are not compensated, much like the rights enjoyed by child actors. Source: Ilga.gov
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