SF 3496

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/19/2024 03:01pm

A bill for an act
relating to labor; providing compensation for minors appearing in Internet content
creation; amending Minnesota Statutes 2022, sections 181A.03, by adding
subdivisions; 181A.07, subdivision 2; 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, 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. 2.

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. 3.

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. 4.

Minnesota Statutes 2022, section 181A.07, subdivision 2, is amended to read:

Subd. 2.

Entertainers and models.

Any minor employed as an actor, model, or performer
deleted text begin shall be deleted text end new text begin , or a minor compensated under section 181A.117, is new text end exempt from the minimum
age provisions of section 181A.04, subdivision 1.

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 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 the minor. Content percentage
is measured by the percentage of time the likeness, name, or photograph of the minor 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 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 (c) If a content creator knowingly or recklessly violates this section, a minor satisfying
the criteria described in subdivision 1 may commence a civil action to enforce the provisions
of this section regarding the trust account. In any action brought in accordance with this
section, the court may award the following damages:
new text end

new text begin (1) actual damages;
new text end

new text begin (2) punitive damages; and
new text end

new text begin (3) the costs of the action, including attorney fees and litigation costs.
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. 4. new text end

new text begin Civil cause of action; violations. new text end

new text begin If a content creator whose content features
minors engaged in the work of content creation fails to maintain the records as provided in
subdivision 2, the minor may commence a civil action against the content creator for damages
and to enforce this section.
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 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