How Senate Bill 1782 (aka Koehler Law) Ensures that Minor Vloggers Are Fairly Compensated and Their Privacy Is Protected
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Introduction
Senate Bill 1782 (SB1782) is a law in Illinois that was passed in 2023. It amends the Child Labor Law to provide additional protections for minors who engage in the work of vlogging.
The purpose of SB1782 is to protect the privacy and financial interests of minors who participate in vlogging. Vlogging is the act of creating and sharing videos on an online platform, such as YouTube. Minors who participate in vlogging can earn money through advertising, sponsorships, and other means.
SB1782 has several key provisions:
It requires vloggers who feature a minor child in their content to set aside a portion of the gross earnings from the video content in a trust account for the benefit of the minor upon reaching the age of majority.
It allows minors who were vloggers as minors to request the permanent deletion of any video segment that includes their likeness, name, or photograph from any online platform that provided compensation to their parent in exchange for the video content.
It requires contracts between vloggers and online platforms for the use of video that features a vlogger's minor child to include notification of the minor's future rights.
SB1782 was passed in response to concerns about the exploitation of minors in the vlogging industry. The law is intended to protect minors from financial exploitation and to ensure that their privacy is protected.
SB1782, also known as Koehler Law is effective on July 1, 2024.
Key Provisions
The key provisions of Senate Bill 1782 (SB1782) are as follows:
Vloggers who feature a minor child in their content must set aside a portion of the gross earnings from the video content in a trust account for the benefit of the minor upon reaching the age of majority. The amount of money that must be set aside is equal to 20% of the gross earnings from the video content. The trust account must be set up in the name of the minor and must be managed by a trustee who is not the vlogger or the minor's parent. The trustee must invest the money in a safe and secure manner and must only use the money for the benefit of the minor.
Minors who were vloggers as minors can request the permanent deletion of any video segment that includes their likeness, name, or photograph from any online platform that provided compensation to their parent in exchange for the video content. This provision is intended to give minors control over their own images and to protect their privacy. Minors can make this request at any time after they reach the age of majority. The online platform is required to delete the video segment within 30 days of receiving the request.
Contracts between vloggers and online platforms for the use of video that features a vlogger's minor child must include notification of the minor's future rights. This provision is intended to ensure that minors are aware of their rights under SB1782 before they agree to participate in vlogging. The contract must include a statement that the minor has the right to request the permanent deletion of any video segment that includes their likeness, name, or photograph, and that the minor has the right to a trust account for the benefit of the minor upon reaching the age of majority.
Origins of the Law
The idea for Senate Bill 1782 (SB1782) came from Shreya Nallamothu, a 15-year-old high school student in Illinois. Shreya was concerned about the exploitation of minors in the vlogging industry. She saw how some parents were using their children to make money on YouTube and other online platforms, without properly compensating the children or protecting their privacy.
Shreya decided to do something about it. She met with her state senator, Dave Koehler, and shared her concerns. Koehler was impressed with Shreya's passion and knowledge, and he agreed to introduce legislation to protect minors who engage in vlogging.
With Shreya's help, Koehler drafted SB1782. The bill was passed by the Illinois Senate and House of Representatives, and it was signed into law by Governor J.B. Pritzker in March 2023.
SB1782 is the first law in the United States to specifically address the exploitation of minors in the vlogging industry. The law is a major victory for Shreya and for all minors who want to participate in vlogging without being exploited.
Business Impact of the Law
Senate Bill 1782 (SB1782) will have a few impacts on businesses that work with minors who vlog, and naturally so.
First, businesses will need to be more careful about how they compensate minors who vlog for their company. Under SB1782, businesses must set aside 20% of the gross earnings from the video content in a trust account for the benefit of the minor upon reaching the age of majority. This means that businesses will need to make sure that they have a system in place to track and collect the necessary funds.
Second, businesses will need to be more mindful of the privacy of minors who vlog for their company. Under SB1782, minors have the right to request the permanent deletion of any video segment that includes their likeness, name, or photograph from any online platform that provided compensation to their parent in exchange for the video content. This means that businesses will need to be careful about how they use minors' images and information in their marketing materials and other promotional materials.
Finally, businesses will need to be more transparent about their contracts with minors who vlog for their company. Under SB1782, contracts between vloggers and online platforms for the use of video that features a vlogger's minor child must include notification of the minor's future rights. This means that businesses will need to make sure that their contracts with minors are clear and easy to understand.
Overall, SB1782 is a beneficial law that will help to protect minors who vlog. However, it will also require businesses to make some changes to the way they work with minors. Businesses that are prepared for these changes will be able to continue working with minors without any problems.
How Businesses Can Comply with SB1782 (Keohler Law)
Here are some examples of how businesses might comply with Senate Bill 1782 (SB1782):
A toy company that works with a young vlogger to create unboxing videos might set up a trust account for the minor and deposit 20% of the gross earnings from the videos into the account. The company would then be responsible for managing the trust account and investing the money in a safe and secure manner. The money in the trust account would be available to the minor when they reach the age of majority.
A clothing company that uses a group of teens to model its clothes in videos might include a clause in its contracts with the teens that gives them the right to request the permanent deletion of any video segment that includes their likeness, name, or photograph. This would give the teens control over their own images and protect their privacy.
A food delivery service that partners with a family of vloggers to create cooking videos might include a clause in its contract with the family that requires the company to obtain the consent of the minors before using their images or information in any marketing materials. This would ensure that the minors are aware of how their images and information will be used and that they have given their consent.
These are just a few examples of how businesses might comply with SB1782. The specific steps that businesses need to take will vary depending on the nature of their business and the type of vlogging content that they produce. However, all businesses that work with minors who vlog should be aware of the requirements of SB1782 and take steps to comply with the law.
Here are some additional tips for businesses that want to comply with SB1782:
Consult with an attorney who is familiar with the law. An attorney can help you to understand the requirements of SB1782 and develop a plan to comply with the law.
Be transparent about your policies with minors and their parents. Make sure that minors and their parents are aware of your policies regarding compensation, privacy, and the use of images and information.
Get consent from minors before using their images or information. Make sure that you have the written consent of minors before using their images or information in any marketing materials or other promotional materials.
Be respectful of minors' privacy. Do not use minors' images or information in a way that is harmful or exploitative.
By following these tips, businesses can help to protect minors who vlog and comply with SB1782.
What Are Your Thoughts?
Do you think Senate Bill 1782 is a good law? Why or why not?
How do you think this law will impact businesses that work with minors who vlog?
What are your thoughts on the privacy and financial protections that this law provides for minors?
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Information published to or by The Industry Leader will never constitute legal, financial or business advice of any kind, nor should it ever be misconstrued or relied on as such. For individualized support for yourself or your business, we strongly encourage you to seek appropriate counsel.
