Bill > A4635

Introduced Session

This bill protects the monetary and privacy rights of minor children featured in online video blogs. The bill requires an online content creator to compensate the online content creator's minor child or children whose likeness or name constitutes a certain percentage of the online content creator's video content. This bill applies to an online video blog, if the online content creator either (1) meets the Internet platform or network's threshold for generation of compensation, or (2) receives actual compensation for the video content equal to or greater than $0.10 per view or interaction. In addition, the provisions of the bill apply if at least 30 percent of the online content creator's compensated video content produced within a 30-day period includes the likeness or name of the online content creator's minor child or the video content features a product or service advertisement associated with the online content creator's minor child. Under the bill, content percentage is measured by the percentage of time the likeness or name of the online content creator's minor child visually appears or is the subject of an oral narrative in the video segment, as compared to the total length of the segment. An online content creator who meets these criteria is required to set aside gross earnings gained from the use of the likeness or name of the online content creator's minor child provided in the video content. Based on the following distribution, these gross earnings are to be placed in a trust and preserved for the benefit of the minor upon reaching the age of 18: (1) when only one minor child meets the content threshold described in this bill, the percentage of total gross earnings on any video segment including the likeness or name of the online content creator's minor child is equal to or greater than the content percent that includes the minor child; or (2) when more than one minor child meets the content threshold described in this bill and a video segment includes more than one of those children, the additive percentage above for all minor children in any segment is to be equally divided between the children, regardless of differences in percentage of content provided by the individual children. Additionally, this bill allows any individual, who was previously a minor child featured in an online content creator's video content and has reached the age of 18, to request the permanent deletion of any video segment including the likeness or name of the individual from any Internet platform or network that provided compensation to the individual's parent or parents in exchange for that video content. The individual may also request the permanent deletion of any video segment including the likeness or name from the online content creator's Internet platform account that received compensation from an advertisement source and not from the Internet platform or network. If the individual requests this deletion, the Internet platform or network is required to take all reasonable steps to permanently delete the video segment. In the event that the Internet platform or network is unable to permanently delete the video, the online content creator is responsible for taking all reasonable steps to delete the videos from the online content creator's Internet platform account. Any contract with an Internet platform or network for the exchange or use of video content that would reasonably be anticipated to include greater than a de minimis use of an online content creator's minor child is required to include notification to the Internet platform or network of the minor child's future rights. This bill also amends current law to create monetary protections for minor children of online content creators who earn compensation through this bill. Under current law, the parents of a minor child are equally entitled to the minor child's services and earnings. The amendments require any compensation earned from using a minor child's likeness or name in the video content is to be placed in a trust for the minor child. Upon reaching the age of 18, the minor child is to then gain full access to the trust.

Committee Categories

Reginald Atkins (D)*, 

Introduced, Referred to Assembly Science, Innovation and Technology Committee (on 06/25/2024)

Official Document