S T A T E O F N E W Y O R K
________________________________________________________________________
825--B
Cal. No. 869
2025-2026 Regular Sessions
I N S E N A T E
(PREFILED)
January 8, 2025
___________
Introduced by Sens. LIU, HARCKHAM, C. RYAN -- read twice and ordered
printed, and when printed to be committed to the Committee on Labor --
recommitted to the Committee on Labor in accordance with Senate Rule
6, sec. 8 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- reported favorably from
said committee, ordered to first and second report, ordered to a third
reading, passed by Senate and delivered to the Assembly, recalled,
vote reconsidered, restored to third reading, amended and ordered
reprinted, retaining its place in the order of third reading
AN ACT to amend the labor law and the estates, powers and trusts law, in
relation to establishing protections for minors who are featured in
compensated video content
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The article heading of article 4-A of the labor law, as
added by chapter 630 of the laws of 2003, is amended to read as follows:
[EMPLOYMENT AND EDUCATION OF] CHILD PERFORMERS
AND MINORS FEATURED IN COMPENSATED VIDEO CONTENT
§ 2. Section 150 of the labor law is amended by adding four new subdi-
visions 9, 10, 11 and 12 to read as follows:
9. "ONLINE PLATFORM" SHALL MEAN ANY PUBLIC-FACING WEBSITE, WEB APPLI-
CATION, OR DIGITAL APPLICATION, INCLUDING A MOBILE APPLICATION. "ONLINE
PLATFORM" INCLUDES A SOCIAL NETWORK, ADVERTISING NETWORK, MOBILE OPERAT-
ING SYSTEM, SEARCH ENGINE, EMAIL SERVICE, OR INTERNET ACCESS SERVICE.
10. "CONTENT CREATOR" SHALL MEAN AN INDIVIDUAL THAT CREATES VIDEO
CONTENT, PERFORMED IN THE STATE, IN EXCHANGE FOR COMPENSATION, AND
INCLUDES ANY SOLE PROPRIETORSHIP, PARTNERSHIP, COMPANY, OR OTHER CORPO-
RATE ENTITY ASSUMING THE NAME OR IDENTITY OF A PARTICULAR INDIVIDUAL FOR
THE PURPOSES OF THAT CONTENT CREATION. "CONTENT CREATOR" SHALL NOT MEAN
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02531-07-6
S. 825--B 2
ANY PERSON UNDER THE AGE OF EIGHTEEN WHO PRODUCES THEIR OWN PIECES OF
VIDEO CONTENT.
11. "COMPENSATED VIDEO CONTENT" SHALL MEAN VIDEO CONTENT SHARED ON AN
ONLINE PLATFORM THAT MEETS EITHER OF THE FOLLOWING CRITERIA:
(A) THE NUMBER OF VIEWS RECEIVED PER VIDEO SEGMENT MEETS THE ONLINE
PLATFORM'S THRESHOLD FOR THE GENERATION OF COMPENSATION; OR
(B) THE CONTENT CREATOR RECEIVED ACTUAL COMPENSATION FOR THE VIDEO
SEGMENT AT A RATE GREATER THAN OR EQUAL TO TEN CENTS PER VIEW.
12. "FEATURED MINOR" SHALL MEAN A MINOR UNDER THE AGE OF EIGHTEEN
WHOSE LIKENESS, NAME, OR PHOTOGRAPH WAS INCLUDED IN AT LEAST THIRTY
PERCENT OF A CONTENT CREATOR'S COMPENSATED VIDEO CONTENT PRODUCED WITHIN
A THIRTY-DAY PERIOD AT ANY TIME DURING THE PREVIOUS TWELVE-MONTH PERIOD.
CONTENT PERCENTAGE SHALL BE MEASURED BY COMPARING THE LENGTH OF TIME
THAT THE LIKENESS, NAME, OR PHOTOGRAPH OF THE MINOR VISUALLY APPEARS IN
A VIDEO SEGMENT TO THE TOTAL LENGTH OF TIME OF SUCH SEGMENT. "FEATURED
MINOR" SHALL NOT MEAN A CHILD PERFORMER FOR THE PURPOSES OF THIS ARTI-
CLE.
§ 3. Section 154-a of the labor law is renumbered section 156 and a
new section 155 is added to read as follows:
§ 155. MINORS FEATURED IN COMPENSATED VIDEO CONTENT. 1. EVERY CONTENT
CREATOR WHOSE COMPENSATED VIDEO CONTENT INCLUDES ONE OR MORE FEATURED
MINORS SHALL ESTABLISH A MINOR CONTENT CREATOR TRUST ACCOUNT PURSUANT TO
THE PROVISIONS OF SECTION 7-7.2 OF THE ESTATES, POWERS AND TRUSTS LAW
FOR EACH SUCH MINOR.
2. ALL CONTENT CREATORS WHOSE COMPENSATED VIDEO CONTENT INCLUDES ONE
OR MORE FEATURED MINORS SHALL MAINTAIN THE FOLLOWING RECORDS AND SHALL
PROVIDE THEM TO EACH MINOR ON AN ONGOING BASIS:
(A) THE NAME AND DOCUMENTARY PROOF OF THE AGE OF THE FEATURED MINOR;
(B) THE NUMBER OF SEGMENTS OF COMPENSATED VIDEO CONTENT DURING THE
REPORTING PERIOD;
(C) THE TOTAL NUMBER OF MINUTES FROM COMPENSATED VIDEO CONTENT THAT
INCLUDED THE FEATURED MINOR DURING THE REPORTING PERIOD;
(D) THE TOTAL NUMBER OF MINUTES IN WHICH THE LIKENESS, NAME, OR PHOTO-
GRAPH OF THE FEATURED MINOR VISUALLY APPEARED IN COMPENSATED VIDEO
CONTENT DURING THE REPORTING PERIOD;
(E) THE TOTAL COMPENSATION GENERATED FROM COMPENSATED VIDEO CONTENT
THAT INCLUDED THE FEATURED MINOR DURING THE REPORTING PERIOD; AND
(F) THE AMOUNT DEPOSITED INTO THE TRUST ACCOUNT FOR THE BENEFIT OF THE
FEATURED MINOR, AS REQUIRED BY SECTION 7-7.2 OF THE ESTATES, POWERS AND
TRUSTS LAW.
3. IF A CONTENT CREATOR WHOSE COMPENSATED VIDEO CONTENT INCLUDES ONE
OR MORE FEATURED MINORS FAILS TO MAINTAIN THE RECORDS AS PROVIDED IN
SUBDIVISION THREE OF THIS SECTION, THE MINOR MAY COMMENCE A CIVIL ACTION
TO ENFORCE THE PROVISIONS OF THIS SECTION.
4. (A) FEATURED MINORS THIRTEEN YEARS OF AGE OR OLDER MAY REQUEST
PERMANENT DELETION FROM AN ONLINE PLATFORM OF ANY COMPENSATED VIDEO
CONTENT IN WHICH THEIR LIKENESS, NAME, OR PHOTOGRAPH VISUALLY APPEARED.
ONLINE PLATFORMS SHALL HAVE AN EASILY ACCESSIBLE FORM AVAILABLE ONLINE
FOR SUBMISSION OF THE DELETION REQUEST.
(B) AN ONLINE PLATFORM THAT RECEIVES A DELETION REQUEST SHALL REMOVE
AND PERMANENTLY DELETE THE CONTENT FOR WHICH THE REQUEST WAS MADE WITHIN
SEVEN DAYS AFTER THE REQUEST WAS SUBMITTED.
(C) ANY CONTRACT BETWEEN A CONTENT CREATOR AND AN ONLINE PLATFORM THAT
WOULD REASONABLY BE ANTICIPATED TO FEATURE A MINOR CHILD SHALL INCLUDE
NOTIFICATION FROM THE ONLINE PLATFORM OF THE RIGHTS UNDER THIS SUBDIVI-
SION.
S. 825--B 3
5. IF THE COMMISSIONER FINDS THAT A CONTENT CREATOR OR ONLINE PLATFORM
HAS VIOLATED ANY RELEVANT PROVISION OF THIS SECTION OR ANY RULE OR REGU-
LATION PROMULGATED THEREUNDER, THE COMMISSIONER MAY COMMENCE A CIVIL
ACTION TO ENFORCE THE PROVISIONS OF THIS SECTION.
§ 4. The estates, powers and trusts law is amended by adding a new
section 7-7.2 to read as follows:
§ 7-7.2 MINOR CONTENT CREATOR TRUST ACCOUNT
1. AS USED IN THIS SECTION, THE TERMS "CONTENT CREATOR", "COMPENSATED
VIDEO CONTENT", AND "FEATURED MINOR" SHALL HAVE THE SAME MEANINGS AS
DEFINED IN SECTION ONE HUNDRED FIFTY OF THE LABOR LAW.
2. CONTENT CREATORS WHOSE COMPENSATED VIDEO CONTENT INCLUDES ONE OR
MORE FEATURED MINORS SHALL SET ASIDE A PERCENTAGE OF GROSS EARNINGS FROM
SUCH CONTENT IN A TRUST ACCOUNT TO BE PRESERVED FOR THE BENEFIT OF THE
FEATURED MINOR UPON REACHING THE AGE OF MAJORITY, ACCORDING TO THE
FOLLOWING DISTRIBUTION:
(A) WHERE ONLY ONE FEATURED MINOR IS INCLUDED IN COMPENSATED VIDEO
CONTENT, THE PERCENTAGE OF TOTAL GROSS EARNINGS ON ANY VIDEO SEGMENT
SHALL BE EQUAL TO THE PERCENTAGE OF THE VIDEO SEGMENT THAT INCLUDES THE
LIKENESS, NAME, OR PHOTOGRAPH OF THE MINOR AS DESCRIBED IN SUBDIVISION
TWELVE OF SECTION ONE HUNDRED FIFTY OF THE LABOR LAW; OR
(B) WHERE MORE THAN ONE FEATURED MINOR IS INCLUDED IN A SEGMENT OF
COMPENSATED VIDEO CONTENT, THE PERCENTAGE DESCRIBED IN PARAGRAPH (A) OF
THIS SUBDIVISION FOR ALL FEATURED MINORS IN ANY SEGMENT SHALL BE EQUALLY
DIVIDED BETWEEN THE FEATURED MINORS, REGARDLESS OF DIFFERENCES IN
PERCENTAGE OF TIME SUCH MINORS WERE FEATURED.
3. A TRUST ACCOUNT REQUIRED UNDER THIS SECTION SHALL PROVIDE, AT A
MINIMUM, THE FOLLOWING:
(A) THAT THE FUNDS IN THE ACCOUNT SHALL BE AVAILABLE ONLY TO THE
FEATURED MINOR;
(B) THAT THE ACCOUNT SHALL BE HELD BY A BANK OR TRUST COMPANY, AS
THOSE TERMS ARE DEFINED IN SECTION TWO OF THE BANKING LAW;
(C) THAT THE FUNDS IN THE ACCOUNT SHALL BECOME AVAILABLE TO THE
FEATURED MINOR UPON THE FEATURED MINOR ATTAINING THE AGE OF EIGHTEEN
YEARS OR UNTIL THE FEATURED MINOR IS DECLARED EMANCIPATED; AND
(D) THAT THE ACCOUNT MEETS THE REQUIREMENTS OF PART SIX OF THIS ARTI-
CLE.
4. IF A CONTENT CREATOR KNOWINGLY OR RECKLESSLY VIOLATES THIS SECTION,
A FEATURED MINOR MAY COMMENCE AN ACTION TO ENFORCE THE PROVISIONS OF
THIS SECTION REGARDING THE TRUST ACCOUNT. THE COURT MAY AWARD, TO A
FEATURED MINOR WHO PREVAILS IN ANY ACTION BROUGHT IN ACCORDANCE WITH
THIS SECTION, THE FOLLOWING DAMAGES:
(A) ACTUAL DAMAGES;
(B) PUNITIVE DAMAGES; AND
(C) THE COSTS OF THE ACTION, INCLUDING ATTORNEY'S FEES AND LITIGATION
COSTS.
5. IF THE COMMISSIONER OF LABOR FINDS THAT A CONTENT CREATOR KNOWINGLY
OR RECKLESSLY VIOLATES THIS SECTION, THE COMMISSIONER OF LABOR MAY
COMMENCE AN ACTION ON BEHALF OF THE FEATURED MINOR TO ENFORCE THE
PROVISIONS OF THIS SECTION REGARDING THE TRUST ACCOUNT. THE COMMISSIONER
OF LABOR MAY RECOVER COSTS AND FEES THAT RESULT FROM THIS ACTION.
6. THIS SECTION SHALL NOT AFFECT ANY RIGHT OR REMEDY AVAILABLE UNDER
ANY OTHER LAW OF THE STATE.
7. NOTHING CONTAINED IN THIS SECTION SHALL BE INTERPRETED TO HAVE ANY
EFFECT ON A PARTY THAT IS NEITHER THE CONTENT CREATOR NOR THE FEATURED
MINOR.
S. 825--B 4
§ 5. Subdivision 2 of section 130 of the labor law is amended by
adding a new paragraph i to read as follows:
I. A MINOR UNDER FOURTEEN YEARS OF AGE FEATURED IN COMPENSATED VIDEO
CONTENT IN COMPLIANCE WITH SECTION ONE HUNDRED FIFTY-FIVE OF THIS CHAP-
TER.
§ 6. Subdivision 3 of section 131 of the labor law, as amended by
chapter 975 of the laws of 1996, is amended by adding a new paragraph h
to read as follows:
H. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT A MINOR
FOURTEEN OR FIFTEEN YEARS OF AGE FROM BEING FEATURED IN COMPENSATED
VIDEO CONTENT IN COMPLIANCE WITH SECTION ONE HUNDRED FIFTY-FIVE OF THIS
CHAPTER.
§ 6-a. Subdivision 3 of section 131 of the labor law, as amended by
section 3 of part X of chapter 56 of the laws of 2025, is amended by
adding a new paragraph f to read as follows:
F. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT A MINOR
FOURTEEN OR FIFTEEN YEARS OF AGE FROM BEING FEATURED IN COMPENSATED
VIDEO CONTENT IN COMPLIANCE WITH SECTION ONE HUNDRED FIFTY-FIVE OF THIS
CHAPTER.
§ 7. Subdivision 3 of section 132 of the labor law is amended by
adding a new paragraph g to read as follows:
G. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT A MINOR
SIXTEEN OR SEVENTEEN YEARS OF AGE FROM BEING FEATURED IN COMPENSATED
VIDEO CONTENT IN COMPLIANCE WITH SECTION ONE HUNDRED FIFTY-FIVE OF THIS
CHAPTER.
§ 8. This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that the amendments to subdivision
3 of section 131 of the labor law made by section six-a of this act
shall take effect on the same date and in the same manner as section 3
of part X of chapter 56 of the laws of 2025 takes effect. Effective
immediately, the addition, amendment and/or repeal of any rule or regu-
lation necessary for the implementation of this act on its effective
date are authorized to be made and completed on or before such effective
date.
