New Jersey 2022-2023 Regular Session

New Jersey Assembly Bill A5474

Introduced
5/18/23  

Caption

Protects monetary rights and privacy of minor children featured in online video blogs.

Impact

The bill modifies existing laws concerning the rights to a minor child's earnings, stipulating that any earnings resulting from the child's likeness or name must be allocated to a trust. It establishes a new legal framework that specifically addresses the growing phenomenon of online content creation involving minors. If enacted, this law will require content creators, many of whom are using platforms like YouTube for monetary gain, to comply with these regulations, effectively changing how they monetize their content involving minors. This is particularly pertinent considering the rise of family-oriented and child-focused channels that frequently feature children in a variety of contexts.

Summary

Assembly Bill A5474 aims to protect the monetary rights and privacy of minor children featured in online video blogs. The legislation mandates that online content creators must compensate minor children whose likeness or name is included in their videos, particularly when that representation meets certain thresholds of content. This compensation is required to be deposited in a court-administered trust for the benefit of the minor, accessible once they reach the age of 18. This provision not only seeks to ensure that children receive fair remuneration for their contributions but also attempts to safeguard their privacy in a digital landscape that often commodifies personal likeness and information.

Contention

The legislation has sparked discussions around potential challenges and implications, notably concerning the balance between parental control and children's rights. Proponents argue that the bill empowers minors by protecting their financial interests and providing a mechanism for them to request the deletion of videos featuring them once they reach adulthood. Critics, however, may contend that it places additional burdens on content creators and could restrict creative expression in family or child-focused content. The requirement for trust funds and notifications to platforms adds another layer of operational complexity that could disproportionately affect smaller creators or those who are just starting out.

Companion Bills

No companion bills found.

Previously Filed As

NJ A4635

Protects monetary rights and privacy of minor children featured in online video blogs.

NJ HB392

Generally revise laws related to creation of profitable family video content featuring minor children

NJ S144

Relating to protecting the interests of minor children featured on for-profit family vlogs

NJ H2170

Relating to protecting the interests of minor children featured on for-profit family vlogs

NJ A4919

Concerns social media privacy and data management for children and establishes New Jersey Children's Data Protection Commission.

NJ HB8818

American Privacy Rights Act of 2024 Children’s Online Privacy Protection Act 2.0

NJ A1879

Concerns social media privacy and data management for children and establishes New Jersey Children's Data Protection Commission.

NJ S3493

Concerns social media privacy and data management for children and establishes New Jersey Children's Data Protection Commission.

NJ A4644

Requires social media companies to take certain actions concerning accounts maintained by or featuring minors.

NJ S1959

Concerns social media privacy and data management for children and establishes New Jersey Children's Data Protection Commission.

Similar Bills

NJ A4635

Protects monetary rights and privacy of minor children featured in online video blogs.

MT HB392

Generally revise laws related to creation of profitable family video content featuring minor children

AR HB1975

To Create The Child Content Creation Protection Act.

MN HF3488

Minors appearing in Internet content creation provided compensation.

MN SF3496

Compensation for minors appearing in internet content creation provision

VA SB840

Child labor; child engaged in the work of content creation, trust account.

VA SB998

Child labor; child engaged in the work of content creation, trust account.

VA HB2401

Child labor; child engaged in the work of content creation, trust account.