S T A T E O F N E W Y O R K
________________________________________________________________________
8735--A
I N S E N A T E
March 5, 2024
___________
Introduced by Sen. LIU -- read twice and ordered printed, and when
printed to be committed to the Committee on Labor -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the labor law and the estates, powers and trusts law, in
relation to establishing protections for minors who are featured in
influencer-generated content
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The article heading of article 4-A of the labor law, as
added by chapter 630 of the laws of 2003, is amended to read as follows:
EMPLOYMENT AND EDUCATION OF CHILD PERFORMERS
AND MINORS ENGAGED IN WORK AS INFLUENCERS
§ 2. Section 150 of the labor law is amended by adding five new subdivi-
sions 9, 10, 11, 12, and 13 to read as follows:
9. "ONLINE PLATFORM" SHALL MEAN ANY PUBLIC-FACING WEBSITE, WEB APPLI-
CATION, OR DIGITAL APPLICATION, INCLUDING A MOBILE APPLICATION. "ONLINE
PLATFORM" INCLUDES A SOCIAL NETWORK, ADVERTISING NETWORK, MOBILE OPERAT-
ING SYSTEM, SEARCH ENGINE, EMAIL SERVICE, OR INTERNET ACCESS SERVICE.
10. "FAMILY" SHALL MEAN A GROUP OF PERSONS RELATED BY BLOOD OR
MARRIAGE, INCLUDING CIVIL PARTNERSHIPS, OR WHOSE CLOSE RELATIONSHIP WITH
EACH OTHER IS CONSIDERED EQUIVALENT TO A FAMILY RELATIONSHIP BY THE
INDIVIDUALS.
11. "INFLUENCER" SHALL MEAN AN INDIVIDUAL OR FAMILY THAT CREATES VIDEO
CONTENT, PERFORMED IN THE STATE, IN EXCHANGE FOR COMPENSATION, AND
INCLUDES ANY SOLE PROPRIETORSHIP, PARTNERSHIP, COMPANY, OR OTHER CORPO-
RATE ENTITY ASSUMING THE NAME OR IDENTITY OF A PARTICULAR INDIVIDUAL OR
FAMILY FOR THE PURPOSES OF THAT CONTENT CREATION. "INFLUENCER" DOES NOT
INCLUDE ANY PERSON UNDER THE AGE OF EIGHTEEN WHO PRODUCES THIER OWN
PIECES OF INFLUENCER-GENERATED CONTENT.
Á12. "INFLUENCER-GENERATED CONTENT" SHALL MEAN CONTENT SHARED ON AN
ONLINE PLATFORM IN EXCHANGE FOR COMPENSATION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01323-04-4
S. 8735--A 2
13. (A) "MINOR FEATURED IN INFLUENCER-GENERATED CONTENT" SHALL MEAN A
MINOR UNDER THE AGE OF EIGHTEEN WHO IS CONSIDERED ENGAGED IN WORK AS AN
INFLUENCER WHEN THE FOLLOWING CRITERIA ARE MET AT ANY TIME DURING THE
PREVIOUS TWELVE-MONTH PERIOD:
(I) AT LEAST THIRTY PERCENT OF AN INFLUENCER'S COMPENSATED VIDEO
CONTENT PRODUCED WITHIN A THIRTY-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 VISU-
ALLY APPEARS OR IS THE SUBJECT OF AN ORAL NARRATIVE IN A VIDEO SEGMENT,
AS COMPARED TO THE TOTAL LENGTH OF THE SEGMENT; AND
(II) THE NUMBER OF VIEWS RECEIVED PER VIDEO SEGMENT ON ANY ONLINE
PLATFORM MET THE ONLINE PLATFORM'S THRESHOLD FOR THE GENERATION OF
COMPENSATION OR THE INFLUENCER RECEIVED ACTUAL COMPENSATION FOR VIDEO
CONTENT EQUAL TO OR GREATER THAN TEN CENTS PER VIEW.
(B) A MINOR ENGAGED IN WORK AS AN INFLUENCER SHALL NOT BE DEEMED A
CHILD PERFORMER FOR THE PURPOSES OF THIS ARTICLE IN REGARDS TO SUCH WORK
AS AN INFLUENCER.
§ 3. Section 154-a of the labor law is renumbered section 156 and a
new section 155 is added to read as follows:
§ 155. MINORS FEATURED IN INFLUENCER-GENERATED CONTENT. 1. EVERY
INFLUENCER WHOSE INFLUENCER-GENERATED CONTENT FEATURES MINORS UNDER THE
AGE OF EIGHTEEN ENGAGED IN WORK AS INFLUENCERS AS PROVIDED IN SUBDIVI-
SION THIRTEEN OF SECTION ONE HUNDRED FIFTY OF THE LABOR LAW SHALL ESTAB-
LISH A MINOR INFLUENCER TRUST ACCOUNT PURSUANT TO THE PROVISIONS OF
SECTION 7-7.2 OF THE ESTATES, POWERS AND TRUSTS LAW FOR EACH SUCH MINOR.
2. ALL INFLUENCERS WHOSE CONTENT FEATURES A MINOR UNDER THE AGE OF
EIGHTEEN ENGAGED IN WORK AS AN INFLUENCER SHALL MAINTAIN THE FOLLOWING
RECORDS AND SHALL PROVIDE THEM TO THE MINOR ON AN ONGOING BASIS:
(A) THE NAME AND DOCUMENTARY PROOF OF THE AGE OF THE MINOR ENGAGED IN
WORK AS AN INFLUENCER;
(B) THE NUMBER OF PIECES OF INFLUENCER-GENERATED CONTENT THAT GENER-
ATED COMPENSATION AS DESCRIBED IN SUBDIVISION THIRTEEN OF SECTION ONE
HUNDRED FIFTY OF THIS ARTICLE DURING THE REPORTING PERIOD;
(C) THE TOTAL NUMBER OF MINUTES OF THE INFLUENCER-GENERATED CONTENT
THAT THE INFLUENCER RECEIVED COMPENSATION FOR DURING THE REPORTING PERI-
OD;
(D) THE TOTAL NUMBER OF MINUTES EACH MINOR WAS FEATURED IN INFLUENC-
ER-GENERATED CONTENT DURING THE REPORTING PERIOD;
(E) THE TOTAL COMPENSATION GENERATED FROM INFLUENCER-GENERATED CONTENT
FEATURING A MINOR DURING THE REPORTING PERIOD; AND
(F) THE AMOUNT DEPOSITED INTO THE TRUST ACCOUNT FOR THE BENEFIT OF THE
MINOR ENGAGED IN WORKING AS AN INFLUENCER, AS REQUIRED BY SECTION 7-7.2
OF THE ESTATES, POWERS AND TRUSTS LAW.
3. IF AN INFLUENCER WHOSE INFLUENCER-GENERATED CONTENT FEATURES MINORS
UNDER THE AGE OF EIGHTEEN ENGAGED IN WORK AS INFLUENCERS FAILS TO MAIN-
TAIN THE RECORDS AS PROVIDED IN SUBDIVISION TWO OF THIS SECTION, THE
MINOR MAY COMMENCE A CIVIL ACTION TO ENFORCE THE PROVISIONS OF THIS
SECTION.
§ 4. The estates, powers and trusts law is amended by adding a new
section 7-7.2 to read as follows:
§ 7-7.2 MINOR INFLUENCER TRUST ACCOUNT
1. AS USED IN THIS SECTION, THE TERMS "INFLUENCER" AND "INFLUENCER-
GENERATED CONTENT" SHALL HAVE THE SAME MEANINGS AS SUCH TERMS ARE
DEFINED IN SUBDIVISION THIRTEEN OF SECTION ONE HUNDRED FIFTY OF THE
LABOR LAW.
S. 8735--A 3
2. A MINOR SATISFYING THE CRITERIA DESCRIBED IN SUBDIVISION THIRTEEN
OF SECTION ONE HUNDRED FIFTY OF THE LABOR LAW MUST BE COMPENSATED BY THE
INFLUENCER. THE INFLUENCER SHALL SET ASIDE GROSS EARNINGS ON THE VIDEO
CONTENT INCLUDING THE LIKENESS, NAME, OR PHOTOGRAPH OF THE MINOR IN A
TRUST ACCOUNT TO BE PRESERVED FOR THE BENEFIT OF THE MINOR UPON REACHING
THE AGE OF MAJORITY, ACCORDING TO THE FOLLOWING DISTRIBUTION:
(A) WHERE ONLY ONE MINOR MEETS THE CONTENT THRESHOLD DESCRIBED IN
SUBDIVISION THIRTEEN OF SECTION ONE HUNDRED FIFTY OF THE LABOR LAW, THE
PERCENTAGE OF TOTAL GROSS EARNINGS ON ANY VIDEO 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 THIRTEEN OF SECTION ONE HUNDRED FIFTY OF THE LABOR LAW;
OR
(B) WHERE MORE THAN ONE MINOR MEETS THE CONTENT THRESHOLD DESCRIBED IN
SUBDIVISION THIRTEEN OF SECTION ONE HUNDRED FIFTY OF THE LABOR LAW AND A
VIDEO SEGMENT INCLUDES MORE THAN ONE OF THOSE MINORS, THE PERCENTAGE
DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION FOR ALL MINORS IN ANY
SEGMENT SHALL BE EQUALLY DIVIDED BETWEEN THE MINORS, REGARDLESS OF
DIFFERENCES IN PERCENTAGE OF CONTENT PROVIDED BY THE INDIVIDUAL MINORS.
3. A TRUST ACCOUNT REQUIRED UNDER THIS SECTION SHALL PROVIDE, AT A
MINIMUM, THE FOLLOWING:
(A) THAT THE FUNDS IN THE ACCOUNT SHALL BE AVAILABLE ONLY TO THE MINOR
ENGAGED IN WORK AS AN INFLUENCER;
(B) THAT THE ACCOUNT SHALL BE HELD BY A BANK OR TRUST COMPANY, AS
THOSE TERMS ARE DEFINED IN SECTION TWO OF THE BANKING LAW;
(C) THAT THE FUNDS IN THE ACCOUNT SHALL BECOME AVAILABLE TO THE MINOR
ENGAGED IN WORK AS AN INFLUENCER UPON THE MINOR ATTAINING THE AGE OF
EIGHTEEN YEARS OR UNTIL THE MINOR IS DECLARED EMANCIPATED; AND
(D) THAT THE ACCOUNT MEETS THE REQUIREMENTS OF PART SIX OF THIS ARTI-
CLE.
4. IF AN INFLUENCER KNOWINGLY OR RECKLESSLY VIOLATES THIS SECTION, A
MINOR SATISFYING THE CRITERIA DESCRIBED IN SUBDIVISION THIRTEEN OF
SECTION ONE HUNDRED FIFTY OF THE LABOR LAW MAY COMMENCE AN ACTION TO
ENFORCE THE PROVISIONS OF THIS SECTION REGARDING THE TRUST ACCOUNT. THE
COURT MAY AWARD, TO A MINOR WHO PREVAILS IN ANY ACTION BROUGHT IN
ACCORDANCE WITH THIS SECTION, THE FOLLOWING DAMAGES:
(A) ACTUAL DAMAGES;
(B) PUNITIVE DAMAGES; AND
(C) THE COSTS OF THE ACTION, INCLUDING ATTORNEY'S FEES AND LITIGATION
COSTS.
5. THIS SECTION SHALL NOT AFFECT ANY RIGHT OR REMEDY AVAILABLE UNDER
ANY OTHER LAW OF THE STATE.
6. NOTHING CONTAINED IN THIS SECTION SHALL BE INTERPRETED TO HAVE ANY
EFFECT ON A PARTY THAT IS NEITHER THE INFLUENCER NOR THE MINOR ENGAGED
IN WORK AS AN INFLUENCER.
§ 5. Subdivision 2 of section 130 of the labor law is amended by
adding a new paragraph i to read as follows:
I. A MINOR UNDER FOURTEEN YEARS OF AGE ENGAGED IN WORK AS AN INFLUENC-
ER IN COMPLIANCE WITH SECTION ONE HUNDRED FIFTY OF THIS CHAPTER.
§ 6. Subdivision 3 of section 131 of the labor law is amended by
adding a new paragraph h to read as follows:
H. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT A MINOR
FOURTEEN OR FIFTEEN YEARS OF AGE FROM BEING ENGAGED IN WORK AS AN INFLU-
ENCER IN COMPLIANCE WITH SECTION ONE HUNDRED FIFTY OF THIS CHAPTER.
§ 7. Subdivision 3 of section 132 of the labor law is amended by
adding a new paragraph g to read as follows:
S. 8735--A 4
G. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT A MINOR
SIXTEEN OR SEVENTEEN YEARS OF AGE FROM BEING ENGAGED IN WORK AS AN
INFLUENCER IN COMPLIANCE WITH SECTION ONE HUNDRED FIFTY OF THIS CHAPTER.
§ 8. This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized to be made and
completed on or before such effective date.
