Illinois enacted an amendment to the its existing Child Labor Law (820 ILCS 205/0.5). This amendment is the first in the nation to protect children who appear in influencer content generated by an adult.

To Whom Does the Law Apply? Adults who create compensated content for use on on-line platforms. The statute refers to the content creator as a “vlogger”.  The focus is on whether the adult content creator receives compensation for posted content.

What Type of Content is Covered? The content must be performed in Illinois and contain the name, photograph, or likeness of a minor under the age of 16 provided that at any time during the previous 12-month period: (1) the minor’s likeliness, name or photograph is in at least 30% of the compensated contented produced by a vlogger within a 30-day period; and (2) the number of views received per online content meets the online platform’s threshold for the generation of compensation or the vlogger received actual compensation for video content equal to or greater than $0.10 per view. The 30% threshold is measured by the percentage of time that the minor’s name, likeness, or photograph either visually appears in the content or is the subject of the oral narrative of the content, as compared to the total length of the content.

What Does the Content Creator Need To Do? The vlogger must set aside 50% of the gross earnings from the qualifying content and put it in trust for the benefit of the minor. When the minor reaches the age of majority the trust is dissolved and the earnings are turned over. If there are multiple minors in the content, the 50% is distributed to their trusts pro rata regardless of each minor’s actual screen time.

What are the Consequences for Not Complying with the Law? If a vlogger knowingly or recklessly violates this law, the minor can bring suit and recover actual damages, punitive damages and the costs of the action including attorneys’ fees.

Exclusions from the Law: Content created by a minor is not covered by the law.

If you have any questions about this new law or any other Intellectual Property, feel free to contact Beverly A. Berneman, Chair of the Golan Christie Taglia LLP Intellectual Property Group.