Illinois has made history with the enactment of Public Act 103-0556, a pioneering law designed to ensure that children who appear in their parents’ or guardians’ social media content are fairly compensated for their contributions. This first-of-its-kind legislation marks a significant step forward in protecting the rights and earnings of minors featured in vlogging activities.
Key Provisions of the Law
The new law mandates several critical measures:
- Compensation for Child Participants: Children are entitled to receive compensation if their likeness, name, or photograph is used in compensated video content produced by their parents or guardians. Specifically, a minor is considered to be involved in vlogging when at least 30% of the vlogger’s compensated content within a 30-day period features them.
- Trust Account Requirement: Parents are required to set up a trust account for their child to hold earnings generated from their child’s participation in vlogging activities. This ensures that the child’s earnings are safeguarded and appropriately managed.
- Reporting Obligations: The law outlines stringent reporting requirements to the Illinois Department of Labor, ensuring transparency and accountability in the management of the child’s earnings.
- Content Deletion Rights: A unique feature of this legislation is that it allows children to request the permanent deletion of any content they were featured in before turning 18. This provision empowers minors to have control over their digital footprint as they reach adulthood.
The implementation of Public Act 103-0556 reflects a growing recognition of the substantial role children play in the burgeoning world of social media and vlogging. By establishing clear guidelines and protections, Illinois is setting a precedent for other states to follow, ensuring that the labor and contributions of minors are justly rewarded and respected.
