HB 5178
To provide asset preservation for minors who earn income from artistic or creative services for us of their name, image, or likeness
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Sign in to take action- Introduced
- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill aims to protect the earnings of minors who generate income through artistic or creative work, including content creation and the use of their name, image, or likeness. It requires employers to deposit 15% of a minor’s gross earnings into a trust account until the minor reaches 18 or becomes emancipated. The bill also establishes recordkeeping and reporting requirements, outlines a process for court approval of contracts, and provides enforcement mechanisms to ensure compliance. It specifically addresses both traditional artistic employment and online content creation.
Key provisions
- Requires employers to withhold 15% of a minor’s gross earnings.
- Establishes a trust account to hold the withheld funds until the minor’s 18th birthday or emancipation.
- Defines ‘artistic or creative services’ and ‘content creator’ to cover various types of work.
- Creates specific rules for vlogging and content featuring minors, requiring proportional deposits based on appearance in compensated segments.
- Outlines a court approval process for contracts involving minors’ name, image, or likeness.
- Provides for enforcement actions, including civil lawsuits and penalties for violations.
- Allows for rulemaking by the Division of Labor to implement the bill’s provisions.
- Specifies a transition period for existing contracts and earners.
Who is affected
- Minors (under 18 years of age)
- Employers of minors engaged in artistic or creative work
- Parents or guardians of minors
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