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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1016 By: McCane
AS INTRODUCED
An Act relating to labor; providing definitions;
requiring compensation for minors appearing in
Internet content; requiring certain recor ds be kept;
requiring certain trust account be kept for minor;
permitting civil action; permitting the Attorney
General to enforce act; requiring content removal;
providing age exception; providing for codification;
and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 90 of Title 40, unless there is
created a duplication in numbering, reads as foll ows:
As used in this act:
1. "Content creation" means content shared on an online
platform in exchange for compensation;
2. "Content creator" means an individual or individuals
eighteen (18) years of ag e or older, including family members, who
create video content performed in Oklahoma in exchange for
compensation, and includes an y proprietorship, partnership, company,
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or other corporate entity assuming the name or identity of a
particular individual or individuals, or family members, for the
purpose of that content creator. Content creator does not include a
person under the age of eighteen (18) who produces their own video
content; and
3. "Online platform" means any public-facing website, web
application, or digital application, including a mobile appl ication.
Online platform includes a social network, advertising network,
mobile operating system, search engine, email service, monetization
platform to sell digital services, streaming services, paid
subscription, or Internet access service.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 90.1 of Title 40, unless there
is created a duplication in numbering, reads as follows:
A. A minor is considered engaged in the work of content
creation when the following criteria are met at any time during the
previous twelve-month period:
1. At least thirty percent (30%) of the content creator '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 visually appears or is the subject of an
oral narrative in a video segment as compared to the total length of
the segment; and
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2. The number of views received per video segment on any online
platform met the online p latform's threshold for generating
compensation or the content creator received actual compensation for
video content equal to or greater than ten cents ($0.10) per view.
B. All video content creators whose content features a minor
engaged in the work of content creation shall maintain the following
records and retain the records until the minor reaches the age of
twenty-one (21):
1. The name and documentary proof of the age of the minor
engaged in the work of content creation;
2. The amount of content creation that generated compensation
as described in subsection A of this section during the reporting
period;
3. The total number of minutes of content creation for which
the content creator received compensation during the reporting
period;
4. The total number of minutes a minor was featured in content
creation during the reporting period;
5. The total compensation generated from content creation
featuring a minor during the r eporting period; and
6. The amount deposited into the trust account for the b enefit
of the minor engaged in the work of content creation as required by
Section 3 of this act.
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C. The records required by this section must be readily
accessible to the minor for review. The content creator shall
provide notice to the minor of the existence of the records.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 90.2 of Title 40, unless there
is created a duplication in numbering, reads as follows:
A. A minor who is engaged in the work of content creation
consistent with this act must be compensated by the content creator.
The content creator must set aside gross earnings on the video
content that includes the likeness, name, or photograph of the minor
in a trust account to be preserved for the benefit of the minor
until the minor reaches the age of majority, according to the
following distribution:
1. If only one minor meets the content threshold des cribed in
subsection A of Section 2 of this act, 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 a s described in
subsection A of Section 2 of this act; or
2. If more than one minor meets the content threshold described
in subsection A of Section 2 of this act and a video segment
includes more than one of those minors, the percentage described in
paragraph 1 of this subsection for all minors in any segment must be
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equally divided between the minors regardless of differences in
percentage of content provided by the individual minors.
B. A trust account required under this act must, at a minimum,
provide that:
1. The money in the account is available only to the minor
engaged in the work of content creation;
2. The account is held by a bank or trust company, as those
terms are defined in Section 102 of Title 6 of the Oklahoma
Statutes;
3. The money in the account becomes available to the minor
engaged in the work of content crea tion upon the minor attaining the
age of eighteen (18) years or upon a declaration that the minor is
emancipated; and
4. That the account meets the requirements o f the Uniform
Transfers to Minors Act in Title 58 of the Oklahoma Statutes .
C. Content containing the likeness of a child must be deleted
and removed from any online platform when the request is made by a
minor age thirteen (13) or older, or an adult, whose likeness
appears in the content. The request shall be in writing through
mail or an electronic communication. The content must be deleted
and removed from the online platform immediately, and in any
instance no longer than seven (7) days after the written request is
made.
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SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 90.3 of Title 40, unless there
is created a duplication in numbering, reads as follows:
A. If a content creator knowingly or reckless ly violates this
act, a minor satisfying the criteria described in subsection A of
Section 2 of this act may commence a civil action to enforce the
provisions of this act regarding the trust account. In any action
brought in accordance with this act, the court may award the
following damages:
1. Actual damages;
2. Punitive damages; and
3. The costs of the action, including attorney fees and
litigation costs.
B. This act does not affect a right or remedy available under
any other law.
C. Nothing in this act shall be interpreted to have any effect
on a party that is neither the c ontent creator nor the minor who
engaged in the work of content creation.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 90.4 of Title 40, unless there
is created a duplication in numbering, reads as follows:
If a content creator whose content features minors engaged in
the work of content creation fails to maintain the records as
provided in Section 2 of this act, the minor may commence a civil
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action against the content creator for damage s and to enforce this
act.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 90.5 of Title 40, unless there
is created a duplication in numbering, reads as follows:
A minor compensated under this act is exempt from the minimum
age provisions of Section 71 of Title 40 of the Oklahoma Statutes .
SECTION 7. This act shall become effective November 1, 202 5.
60-1-11096 MJ 12/16/24