Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2135 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 3668 FILED ON: 1/17/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 2135
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Bradley H. Jones, Jr.
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to the digital Coogan law.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Bradley H. Jones, Jr.20th Middlesex1/17/2025Kimberly N. Ferguson1st Worcester1/17/2025Paul K. Frost7th Worcester1/31/2025Todd M. Smola1st Hampden3/10/2025 1 of 5
16	16	HOUSE DOCKET, NO. 3668 FILED ON: 1/17/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 2135
18	18	By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 2135) of
19	19	Bradley H. Jones, Jr. and others relative to minors engaged in the work of vlogging. Labor and
20	20	Workforce Development.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act relative to the digital Coogan law.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Chapter 149 of the General Laws, as appearing in the 2022 Official Edition,
30	30	2is hereby amended by inserting after section 203 the following new sections:-
31	31	3 Section 204. (a)For the purposes of this section, the following words shall have the
32	32	4following meanings:-
33	33	5 ‘Compensation’ shall mean any monetary payment or other valuable consideration
34	34	6received in exchange for video content.
35	35	7 ‘Minor’ shall mean an individual under the age of 16 years old.
36	36	8 ‘Online platform’ shall mean any public-facing website, web application, or digital
37	37	9application, including a mobile application. ‘Online platform’ includes a social network,
38	38	10advertising network, mobile operating system, search engine, email service, or internet access
39	39	11service. 2 of 5
40	40	12 ‘Vlogger’ shall mean an individual or family that creates video content, performed in the
41	41	13Commonwealth, in exchange for compensation, and includes any proprietorship, partnership,
42	42	14company, or other corporate entity assuming the name or identity of a particular individual or
43	43	15family for the purposes of that content creation. "Vlogger" does not include any person under the
44	44	16age of 16 who produces his or her own vlogs.
45	45	17 (b) A minor under the age of 16 shall be considered engaged in the work of vlogging
46	46	18when the following criteria are met at any time during the previous 12-month period:
47	47	19
48	48	20 (1) At least 30 per cent of the vlogger's compensated video content produced within a 30-
49	49	21day period included the likeness, name, or photograph of the minor. Content percentage shall be
50	50	22measured by the percentage of time the likeness, name, or photograph of the minor visually
51	51	23appears or is the subject of an oral narrative in a video segment, as compared to the total length
52	52	24of the segment; and
53	53	25 (2) The number of views received per video segment on any online platform met the
54	54	26online platform's threshold for the generation of compensation or the vlogger received actual
55	55	27compensation for video content equal to or greater than $0.10 per view.
56	56	28 (c) With the exception of subsection (b), the provisions of this section shall not apply to a
57	57	29minor engaged in the work of vlogging.
58	58	30 (d) All vloggers whose content features a minor under the age of 16 engaged in the work
59	59	31of vlogging shall maintain the following records and shall provide them to the minor on an
60	60	32ongoing basis: 3 of 5
61	61	33
62	62	34 (1) The name and documentary proof of the age of the minor engaged in the work of
63	63	35vlogging;
64	64	36 (2) The number of vlogs that generated compensation as described in subsection (b)
65	65	37during the reporting period;
66	66	38 (3) The total number of minutes of the vlogs that the vlogger received compensation for
67	67	39during the reporting period;
68	68	40 (4) The total number of minutes each minor was featured in vlogs during the reporting
69	69	41period;
70	70	42 (5) The total compensation generated from vlogs featuring a minor during the reporting
71	71	43period; and
72	72	44 (6) The amount deposited into the trust account for the benefit of the minor engaged in
73	73	45the work of vlogging, as required by section 204A.
74	74	46 (e) If a vlogger whose vlog content features minors under the age of 16 engaged in the
75	75	47work of vlogging fails to maintain the records as provided in subsection (d), the minor may
76	76	48commence a civil action to enforce the provisions of this section.
77	77	49 Section 204A. (a) A minor satisfying the criteria described in subsection (b) of section
78	78	50204 shall be compensated by the vlogger. The vlogger shall set aside gross earnings on the video
79	79	51content, including the likeness, name, or photograph of the minor, in a trust account to be
80	80	52preserved for the benefit of the minor upon reaching the age of majority, according to the
81	81	53following distribution: 4 of 5
82	82	54 (1) Where only one minor meets the content threshold as defined in subsection (b) of
83	83	55section 204, the percentage of total gross earnings on any video segment, including the likeness,
84	84	56name, or photograph of the minor, that is equal to or greater than half of the content percentage
85	85	57that includes the minor as described in subsection (b) of section 204; or
86	86	58 (2) Where more than one minor meets the content threshold as defined in subsection (b)
87	87	59of section 204 and a video segment includes more than one of those minors, the percentage
88	88	60described in paragraph (1) for all minors in any segment shall be equally divided between the
89	89	61minors, regardless of differences in percentage of content provided by the individual minors.
90	90	62 (b) A trust account required under this section shall provide, at a minimum, the
91	91	63following:
92	92	64 (1) That the funds in the account shall be available only to the minor engaged in the work
93	93	65of vlogging;
94	94	66 (2) That the account shall be held by a bank, corporate fiduciary, or trust company; and
95	95	67 (3) That the funds in the account shall become available to the minor engaged in the work
96	96	68of vlogging upon the minor attaining the age of 18 years or until the minor is declared
97	97	69emancipated.
98	98	70 (c) If a vlogger knowingly or recklessly violates this section, a minor satisfying the
99	99	71criteria described in subsection (b) of section 204 may commence a civil action to enforce the
100	100	72provisions of this section regarding the trust account. The court may award, to a minor who
101	101	73prevails in any action brought in accordance with this section, the following damages:
102	102	74 (1) Actual damages; 5 of 5
103	103	75 (2) Punitive damages; and
104	104	76 (3) The costs of the action, including attorney's fees and litigation costs.
105	105	77 (d) Nothing in this section shall affect any party that is neither the vlogger nor the minor
106	106	78engaged in the work of vlogging.