Business & Work

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Protections for child influencers

Starting on July 1, 2024, if you're younger than 16 and your family or someone else makes videos and puts them online to make money, you may need to be paid some of that money. Examples could include videos with children on a family YouTube or TikTok channel and sponsored posts on Instagram.

Who should be paid?

To get paid for being in these videos, you need to meet these requirements:

  • You're under the age of 16,
  • At least 30% of the videos made by the vlogger in a 30-day, period include you or your likeness, name, or photograph, and
  • The videos made some money.

For example, if your family made 10 hours of videos that made money last month and you were in at least 3 hours of them, you may need to be paid. 

This law doesn’t apply if you make the videos yourself. So, if you run your own vlog (like on YouTube, TikTok, or Instagram) and get all the money, you would not qualify. Also, the vlog performance must have been in Illinois.

How much should you get paid?

If you meet these requirements, you should get at least half of the money the videos made for the part of the video that featured you. If you were in half of the video, you would be paid half of the money for that part of the video. If you and other children under 16 were in the video together, the money would be equally split between you.

How should you get paid?

If you meet the above requirements, the vlogger, or video creator, must:

  • Set up a trust account to save your money. The money should only be available to you when you reach the age of 18.
  • Keep certain records, including:
    • your name and age, 
    • the number of videos that made money, 
    • the total minutes of videos that made money, 
    • the total minutes you were featured in vlogs,  
    • the total compensation generated, and
    • the amount deposited into the trust account for you.

What to do if the video maker refuses to pay

If the person refuses to pay you by saving your share of the money in a trust account, you can sue them. For more help, visit our Get Legal Help tool.


 

Last full review by a subject matter expert
September 26, 2023
Last revised by staff
September 26, 2023

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