Minnesota Legislature
SF 3496
3rd Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/12/2024 09:18am
Current Version - 3rd Engrossment
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A bill for an act
relating to labor; providing compensation for minors appearing in Internet content
creation; amending Minnesota Statutes 2022, section 181A.03, subdivision 1, by
adding subdivisions; proposing coding for new law in Minnesota Statutes, chapter
181A.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2022, section 181A.03, subdivision 1, is amended to read:
Sec. 2.
Minnesota Statutes 2022, section 181A.03, is amended by adding a subdivision to
read:
new text begin Subd. 5a. new text end
new text begin Online platform. new text end
new text begin
"Online platform" means any public-facing website, web
application, or digital application, including a mobile application. Online platform includes
a social network, advertising network, mobile operating system, search engine, email service,
monetization platform to sell digital services, streaming service, paid subscription, or Internet
access service.
new text end
Sec. 3.
Minnesota Statutes 2022, section 181A.03, is amended by adding a subdivision to
read:
new text begin Subd. 7a. new text end
new text begin Content creation. new text end
new text begin
"Content creation" means content shared on an online
platform that generates compensation.
new text end
Sec. 4.
Minnesota Statutes 2022, section 181A.03, is amended by adding a subdivision to
read:
new text begin Subd. 7b. new text end
new text begin Content creator. new text end
new text begin
"Content creator" means an individual or individuals 18
years of age or older, including family members, who create content performed in Minnesota
that generates compensation, and includes any proprietorship, partnership, company, or
other corporate entity assuming the name or identity of a particular individual or individuals,
or family members, for the purposes of that content creator.
new text end
Sec. 5.
new text begin
[181A.13] COMPENSATION FOR INTERNET CONTENT CREATION.
new text end
new text begin Subdivision 1. new text end
new text begin Minors featured in content creation. new text end
new text begin
(a) Except as otherwise provided
in this section, a minor is considered engaged in the work of content creation when the
following criteria are met at any time during the previous 12-month period:
new text end
new text begin
(1) at least 30 percent of the content creator's compensated content produced within a
30-day period included the likeness, name, or photograph of any minor. Content percentage
is measured by the percentage of time the likeness, name, or photograph of a minor or, if
more than one minor regularly appears in the creator's content, any of the minors, visually
appears or is the subject of an oral narrative in a segment as compared to the total length of
the segment; and
new text end
new text begin
(2) the number of views received on any online platform met the online platform's
threshold for generating compensation or the content creator received actual compensation
for content equal to or greater than $0.01 per view.
new text end
new text begin
(b) A minor under the age of 14 is prohibited from engaging in the work of content
creation as provided in paragraph (a). If a minor under the age of 14 is featured by a content
creator, the minor shall receive 100 percent of the proceeds of the creator's compensation
for the content they have appeared in, less any amount owed to another minor.
new text end
new text begin
(c) A minor who is under the age of 18 and over the age of 14, may produce, create, and
publish their own content and are entitled to all compensation for their own content creation.
A minor engaged in the work of content creation as the producer, creator, and publisher of
content must also follow the requirements in paragraph (b).
new text end
new text begin
(d) A minor who appears incidentally in a video that depicts a public event that a
reasonable person would know to be a broadcast, including a concert, competition, or
sporting event, and is published by a content creator is not considered a violation of this
section.
new text end
new text begin Subd. 2. new text end
new text begin Records required. new text end
new text begin
(a) All content creators whose content features a minor
engaged in the work of content creation shall maintain the following records and retain the
records until the minor reaches the age of 21:
new text end
new text begin
(1) the name and documentary proof of the age of the minor engaged in the work of
content creation;
new text end
new text begin
(2) the amount of content creation that generated compensation as described in subdivision
1 during the reporting period;
new text end
new text begin
(3) the total number of minutes of content creation for which the content creator received
compensation during the reporting period;
new text end
new text begin
(4) the total number of minutes a minor was featured in content creation during the
reporting period;
new text end
new text begin
(5) the total compensation generated from content creation featuring a minor during the
reporting period; and
new text end
new text begin
(6) the amount deposited into the trust account for the benefit of the minor engaged in
the work of content creation as required by subdivision 3.
new text end
new text begin
(b) The records required by this subdivision must be readily accessible to the minor for
review. The content creator shall provide notice to the minor of the existence of the records.
new text end
new text begin Subd. 3. new text end
new text begin Trust required. new text end
new text begin
(a) A minor who is engaged in the work of content creation
consistent with this section must be compensated by the content creator. The content creator
must set aside gross earnings on the content that includes the likeness, name, or photograph
of the minor in a trust account to be preserved for the benefit of the minor until the minor
reaches the age of majority, according to the following distribution:
new text end
new text begin
(1) if only one minor meets the content threshold described in subdivision 1, the
percentage of total gross earnings on any segment, including the likeness, name, or
photograph of the minor that is equal to or greater than half of the content percentage that
includes the minor as described in subdivision 1; or
new text end
new text begin
(2) if more than one minor meets the content threshold described in subdivision 1 and
a segment includes more than one of those minors, the percentage described in clause (1)
for all minors in any segment must be equally divided between the minors regardless of
differences in percentage of content provided by the individual minors.
new text end
new text begin
(b) A trust account required under this section must, at a minimum, provide that:
new text end
new text begin
(1) the money in the account is available only to the minor engaged in the work of content
creation;
new text end
new text begin
(2) the account is held by a bank, corporate fiduciary, or trust company, as those terms
are defined in chapter 48A;
new text end
new text begin
(3) the money in the account becomes available to the minor engaged in the work of
content creation upon the minor attaining the age of 18 years or upon a declaration that the
minor is emancipated; and
new text end
new text begin
(4) that the account meets the requirements of chapter 527, the Uniform Transfers to
Minors Act.
new text end
new text begin Subd. 4. new text end
new text begin Civil action; enforcement. new text end
new text begin
(a) If a content creator knowingly or recklessly
violates this section, a minor or a person who was a minor at the time of the alleged violation
may commence a civil action to enforce the provisions of this section regarding the trust
account. In any action brought in accordance with this paragraph, the court may award
actual damages, including any compensation owed under this section.
new text end
new text begin
(b) Along with the civil action provided in paragraph (a), the minor may commence a
civil action against the content creator for damages, injunctive relief, and any other relief
the court finds just and equitable to enforce this section.
new text end
new text begin
(c) The attorney general may enforce subdivision 1 of this section, pursuant to section
8.31, and may recover costs and fees.
new text end
new text begin
(d) This section does not affect a right or remedy available under any other law of the
state.
new text end
new text begin
(e) Nothing in this section shall be interpreted to have any effect on a party that is neither
the content creator nor the minor who engaged in the work of content creation.
new text end
new text begin Subd. 5. new text end
new text begin Content deletion requests. new text end
new text begin
(a) A person 13 years of age or older who was
featured as a minor child in content of a content creator may request the permanent deletion
of the content from an online platform. An online platform must have an easily accessible
form available online for submission of the deletion request.
new text end
new text begin
(b) An online platform that receives a deletion request shall remove and permanently
delete the content for which the request was made within seven days after the request was
submitted.
new text end
new text begin
(c) Any contract between a content creator and an online platform that would reasonably
be anticipated to feature a minor child must include notification to the social media platform
of the rights under this subdivision.
new text end
new text begin Subd. 6. new text end
new text begin Minimum age exemption. new text end
new text begin
A minor 14 years of age or over compensated under
this section is exempt from the minimum age provisions of section 181A.04, subdivision
1.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end