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NY A00312
Bill
Status
1/4/2023
Primary Sponsor
Linda Rosenthal
Click for details
AI Summary
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Defines "influencer-generated content" as content shared on online platforms in exchange for compensation, and establishes that minors are considered influencer workers when at least 30% of an influencer's compensated video content in a 30-day period features them and generates views meeting platform compensation thresholds or earning at least 10 cents per view.
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Requires influencers featuring minors to establish trust accounts for each minor, setting aside gross earnings equal to at least half of the content percentage featuring that minor, with funds becoming available when the minor reaches age 18 or becomes emancipated.
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Mandates influencers maintain and provide ongoing records to minors including proof of age, number of compensated content pieces, total minutes featured, compensation generated, and amounts deposited into trust accounts.
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Allows minors to bring civil actions to enforce the trust account and record-keeping provisions, with courts authorized to award actual damages, punitive damages, and attorney's fees and litigation costs to prevailing minors.
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Exempts minors engaged in influencer work under these protections from standard child performer regulations under labor law and takes effect 90 days after enactment.
Legislative Description
Establishes protections for minors who are featured in influencer-generated content that generate earnings from being shared on social media or other video-sharing websites.
Last Action
print number 312b
6/3/2024