Online Platforms and Minors

California’s Family Code, in Division 11, Part 2.5, deals with online platforms and minors. Section 6650 defines the following terms: “age of majority,” “content,” “family,” “minor,” “online platform,” “reporting period,” “vlog,” “vlogger,” and “vlogging.”

Section 6651 provides that a minor is considered engaged in the work of vlogging when the three specified activities are met at any time during a given month.

Section 6652 requires all vloggers whose content features a minor engaged in the work of vlogging to maintain, and make available to the minor upon request, six specified records.

Section 6653 requires a minor satisfying the requirements to be compensated by the vlogger, pursuant to the terms of this section. The vlogger is required to set aside gross earnings on the image or video content in a trust account to be preserved for the benefit of the minor upon reaching the age of majority according to the specified distribution.

The vlogger is required to establish the trust within 60 business days after the minor first meets the specified criteria. The vlogger also has to prepare, within 10 business days of establishing the trust, a written statement, under penalty of perjury, that includes specified information.

Upon application by the trustee or trustees, the trust funds are to be handled by the financial institution or company in which the trust is held in one or more of the three specified methods.

Section 6654 provides that, if a vlogger knowingly violates this part or should have known they were in violation of this part, a minor satisfying the described criteria may commence an action to enforce the provisions of this part. The court may award to a minor who prevails in any action brought in accordance with this part specified damages.

Section 6655 specifies that this part does not affect a right or remedy available under any other law of the state. Also, this part does not have any effect on a minor who produces their own content.

Section 6656 notes that this part does not apply to a contract for vlogging services between a minor and their parent or guardian only if a court approves the contract. The court has to consider specified information.