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REFERENCE TITLE: vloggers; minors; compensation; trust account |
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State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024
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HB 2565 |
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Introduced by Representatives Gutierrez: Austin, Contreras L, Crews, De Los Santos, Hernandez C, Mathis, Ortiz, Seaman, Stahl Hamilton, Travers, Villegas; Senator Sundareshan
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An Act
amending title 23, chapter 2, article 6, Arizona Revised Statutes, by adding section 23-330; relating to wages for minors.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 23, chapter 2, article 6, Arizona Revised Statutes, is amended by adding section 23-330, to read:
23-330. Vlogger; minor child; trust account; internet content; definitions
A. A vlogger shall compensate a minor child if at least thirty percent of the vlogger's compensated video content that was produced within a thirty-day period and that includes the name, likeness or photograph of the vlogger's minor child meets either of the following conditions:
1. The number of views received per video segment through an internet platform or network met the platform's or network's threshold for generation of compensation.
2. The vlogger received actual compensation for video content that was equal to or greater than $.10 per view.
B. A vlogger that meets the criteria in subsection A of this section must set aside gross earnings on the video content for the use of the minor CHILD'S name, likeness or photograph in a trust to be preserved for the benefit of the minor child on reaching the age of majority, as follows:
1. if only one minor child meets the content threshold described in subsection A of this section, The minor child shall be compensated in the amount of ten percent of the content percentage.
2. if more than one minor child meets the content threshold described in subsection A of this section, the content percentage of all of the minor children is aggregated and ten percent of the content percentage is distributed equally AMONG each minor child regardless of any difference in the content percentage for each minor child.
C. When the minor child reaches the age of majority, the individual may request the permanent deletion of any video segment that includes the name, likeness or photograph of the individual from any internet platform or network that provided compensation to the individual's parent in exchange for the video content.
D. An internet platform or network must take all reasonable steps to permanently delete the video content for which a request has been made.
E. On the effective date of this section, any contract with a parent or guardian of a minor child and an internet platform or network for the exchange or use of video content that would reasonably be anticipated to include greater than a de minimis use of a vlogger's minor child must include notification to the internet platform or network of the minor child's future right to request deletion, as provided in this section.
F. For the purposes of this section:
1. "content percentage" means the percentage of time the name, likeness or photograph of the vlogger's minor child visually appears or is the subject of an oral narrative in a video segment, which is compared to the total length of the segment.
2. "Guardian":
(a) means a natural person who is appointed or qualified by a court as a guardian of the minor.
(b) Includes a limited guardian.
(c) Does not include a guardian ad litem.
3. "Individual" means a natural person, living or dead.
4. "Likeness" MEANS an image, painting, sketching, model, diagram or other clear representation, other than a photograph, of an individual's face, body or parts of an individual's face or body or the DISTINCTIVE appearance, gestures or mannerisms of an individual.
5. "Minor child" means a person who is under eighteen years of age and whose principal place of residence is in this state.
6. "Name" means the actual or assumed name or nickname of a living or deceased individual that is intended to identify that individual.
7. "vlogger":
(a) means an individual or family that creates video content in exchange for compensation.
(b) includes any proprietorship, partnership, company or other corporate entity that assumes the name or identity of a particular individual or family for the purposes of that content creation.