(a) Except as otherwise provided in this section, a minor is engaging in the work of content creation if he or she has met the following criteria during the previous twelve-month period:(1) (A) At least thirty percent (30%) of a content creator's compensated content produced within one (1) thirty-day day period includes the likeness, name, or photograph of the minor.(B) Content percentage in subdivision (a)(1)(A) of this section is measured by the percentage of time that the likeness, name, or photograph of the minor is visible or is the subject of an oral narrative in content as compared to the total length of the content segment;(2) The number of views received per content segment on a social media platform met the social media platform's threshold for the generation of compensation or the content creator received actual compensation for content equal to or greater than ten cents (10¢) per view; and(3) The content creator received actual compensation for content of at least fifteen thousand dollars ($15,000) in the previous twelve-month period.
(1) (A) At least thirty percent (30%) of a content creator's compensated content produced within one (1) thirty-day day period includes the likeness, name, or photograph of the minor.(B) Content percentage in subdivision (a)(1)(A) of this section is measured by the percentage of time that the likeness, name, or photograph of the minor is visible or is the subject of an oral narrative in content as compared to the total length of the content segment;
(A) At least thirty percent (30%) of a content creator's compensated content produced within one (1) thirty-day day period includes the likeness, name, or photograph of the minor.
(B) Content percentage in subdivision (a)(1)(A) of this section is measured by the percentage of time that the likeness, name, or photograph of the minor is visible or is the subject of an oral narrative in content as compared to the total length of the content segment;
(2) The number of views received per content segment on a social media platform met the social media platform's threshold for the generation of compensation or the content creator received actual compensation for content equal to or greater than ten cents (10¢) per view; and
(3) The content creator received actual compensation for content of at least fifteen thousand dollars ($15,000) in the previous twelve-month period.
(b) A minor who is thirteen (13) years of age or older may produce, create, and publish his or her own content and is entitled to all compensation for his or her own content creation.
(c) (1) A content creator whose content features a minor engaged in the work of content creation as described in subdivision (a)(1) of this section shall maintain the following records until the minor reaches twenty-one (21) years of age:(A) The name and documentary proof of the age of the minor engaged in the work of content creation as of the date that the content creator begins creating content;(B) The number of posts that generated compensation during the reporting period;(C) The total number of minutes of the posts that the content creator received compensation for during the reporting period;(D) The total number of minutes that each minor was featured in posts during the reporting period;(E) The total compensation generated from posts featuring a minor during the reporting period; and(F) The amount deposited into the trust account for the benefit of the minor engaged in the work of content creation as required by subdivision (d)(1)(B) of this section.(2) (A) (i) The records required to be maintained under subdivision (c)(1) of this section shall be readily accessible to the minor for his or her review.(ii) The content creator shall provide notice to the minor of the existence of the records under subdivision (c)(1) of this section.(B) (i) If a content creator whose content features a minor engaged in the work of content creation fails to maintain the records required under subdivision (c)(1) of this section, the minor may commence a civil action to enforce the provisions of this subsection.(ii) If a minor prevails in a civil action brought under subdivision (c)(2)(B)(i) of this section, the court may award:(a) Injunctive relief;(b) Actual damages;(c) Punitive damages; and(d) The cost of the civil action, including without limitation attorney's fees and litigation costs.
(1) A content creator whose content features a minor engaged in the work of content creation as described in subdivision (a)(1) of this section shall maintain the following records until the minor reaches twenty-one (21) years of age:(A) The name and documentary proof of the age of the minor engaged in the work of content creation as of the date that the content creator begins creating content;(B) The number of posts that generated compensation during the reporting period;(C) The total number of minutes of the posts that the content creator received compensation for during the reporting period;(D) The total number of minutes that each minor was featured in posts during the reporting period;(E) The total compensation generated from posts featuring a minor during the reporting period; and(F) The amount deposited into the trust account for the benefit of the minor engaged in the work of content creation as required by subdivision (d)(1)(B) of this section.
(A) The name and documentary proof of the age of the minor engaged in the work of content creation as of the date that the content creator begins creating content;
(B) The number of posts that generated compensation during the reporting period;
(C) The total number of minutes of the posts that the content creator received compensation for during the reporting period;
(D) The total number of minutes that each minor was featured in posts during the reporting period;
(E) The total compensation generated from posts featuring a minor during the reporting period; and
(F) The amount deposited into the trust account for the benefit of the minor engaged in the work of content creation as required by subdivision (d)(1)(B) of this section.
(2) (A) (i) The records required to be maintained under subdivision (c)(1) of this section shall be readily accessible to the minor for his or her review.(ii) The content creator shall provide notice to the minor of the existence of the records under subdivision (c)(1) of this section.(B) (i) If a content creator whose content features a minor engaged in the work of content creation fails to maintain the records required under subdivision (c)(1) of this section, the minor may commence a civil action to enforce the provisions of this subsection.(ii) If a minor prevails in a civil action brought under subdivision (c)(2)(B)(i) of this section, the court may award:(a) Injunctive relief;(b) Actual damages;(c) Punitive damages; and(d) The cost of the civil action, including without limitation attorney's fees and litigation costs.
(A) (i) The records required to be maintained under subdivision (c)(1) of this section shall be readily accessible to the minor for his or her review.(ii) The content creator shall provide notice to the minor of the existence of the records under subdivision (c)(1) of this section.
(i) The records required to be maintained under subdivision (c)(1) of this section shall be readily accessible to the minor for his or her review.
(ii) The content creator shall provide notice to the minor of the existence of the records under subdivision (c)(1) of this section.
(B) (i) If a content creator whose content features a minor engaged in the work of content creation fails to maintain the records required under subdivision (c)(1) of this section, the minor may commence a civil action to enforce the provisions of this subsection.(ii) If a minor prevails in a civil action brought under subdivision (c)(2)(B)(i) of this section, the court may award:(a) Injunctive relief;(b) Actual damages;(c) Punitive damages; and(d) The cost of the civil action, including without limitation attorney's fees and litigation costs.
(i) If a content creator whose content features a minor engaged in the work of content creation fails to maintain the records required under subdivision (c)(1) of this section, the minor may commence a civil action to enforce the provisions of this subsection.
(ii) If a minor prevails in a civil action brought under subdivision (c)(2)(B)(i) of this section, the court may award:(a) Injunctive relief;(b) Actual damages;(c) Punitive damages; and(d) The cost of the civil action, including without limitation attorney's fees and litigation costs.
(a) Injunctive relief;
(b) Actual damages;
(c) Punitive damages; and
(d) The cost of the civil action, including without limitation attorney's fees and litigation costs.
(d) (1) A content creator shall:(A) Compensate a minor who engages in the work of content creation under this section;(B) Set aside gross earnings on the content created by a minor engaging in the work of content creation under this section, including without limitation the likeness, name, or photograph of the minor, in a trust account; and(C) Preserve the trust account under subdivision (d)(1)(B) of this section for the benefit of the minor until the minor reaches eighteen (18) years of age according to the distribution under subdivision (d)(2) of this section.(2) (A) When only one (1) minor engaged in the work of content creation meets the content threshold described in subdivision (a)(1)(A) of this section, the percentage of total gross earnings on any content segment, including the likeness, name, or photograph of a minor, that is equal to or greater than one-half (1/2) of the content percentage that includes the minor as described under subdivision (a)(1)(A) of this section shall be paid into the minor's trust account under this subsection.(B) When more than one (1) minor engaged in the work of content creation meets the content threshold described in subdivision (a)(1)(A) of this section, the percentage of total gross earnings on any content segment, including the likeness, name, or photograph of a minor, that is equal to or greater than one-half (1/2) of the content percentage that includes the minor as described under subdivision (a)(1)(A) of this section shall be divided equally between each of the minors, regardless of any difference in the percentage of content provided by the individual minors, and paid into a separate trust account for each minor under this subsection.(3) (A) A trust account under this subsection shall provide, at a minimum, that:(i) The funds in the trust account be available only to the minor engaged in the work of content creation;(ii) The trust account shall be held by a bank or trust company, as those terms are defined under § 23-51-102;(iii) The funds in the trust account shall become available to the minor engaged in the work of content creation when the minor reaches eighteen (18) years of age, or upon entry of an order of emancipation of the minor by a court of competent jurisdiction; and(iv) The trust account meets the requirements under the Arkansas Uniform Transfers to Minors Act, § 9-26-201 et seq.(B) (i) If a content creator knowingly or recklessly violates subdivision (d)(3)(A) of this section, the minor may commence an action to enforce the provisions of this subsection.(ii) If a minor prevails in an action brought under subdivision (c)(2)(B)(i) of this section, the court may award:(a) Injunctive relief;(b) Actual damages;(c) Punitive damages; and(d) The cost of the action, including without limitation attorney's fees and litigation costs.
(1) A content creator shall:(A) Compensate a minor who engages in the work of content creation under this section;(B) Set aside gross earnings on the content created by a minor engaging in the work of content creation under this section, including without limitation the likeness, name, or photograph of the minor, in a trust account; and(C) Preserve the trust account under subdivision (d)(1)(B) of this section for the benefit of the minor until the minor reaches eighteen (18) years of age according to the distribution under subdivision (d)(2) of this section.
(A) Compensate a minor who engages in the work of content creation under this section;
(B) Set aside gross earnings on the content created by a minor engaging in the work of content creation under this section, including without limitation the likeness, name, or photograph of the minor, in a trust account; and
(C) Preserve the trust account under subdivision (d)(1)(B) of this section for the benefit of the minor until the minor reaches eighteen (18) years of age according to the distribution under subdivision (d)(2) of this section.
(2) (A) When only one (1) minor engaged in the work of content creation meets the content threshold described in subdivision (a)(1)(A) of this section, the percentage of total gross earnings on any content segment, including the likeness, name, or photograph of a minor, that is equal to or greater than one-half (1/2) of the content percentage that includes the minor as described under subdivision (a)(1)(A) of this section shall be paid into the minor's trust account under this subsection.(B) When more than one (1) minor engaged in the work of content creation meets the content threshold described in subdivision (a)(1)(A) of this section, the percentage of total gross earnings on any content segment, including the likeness, name, or photograph of a minor, that is equal to or greater than one-half (1/2) of the content percentage that includes the minor as described under subdivision (a)(1)(A) of this section shall be divided equally between each of the minors, regardless of any difference in the percentage of content provided by the individual minors, and paid into a separate trust account for each minor under this subsection.
(A) When only one (1) minor engaged in the work of content creation meets the content threshold described in subdivision (a)(1)(A) of this section, the percentage of total gross earnings on any content segment, including the likeness, name, or photograph of a minor, that is equal to or greater than one-half (1/2) of the content percentage that includes the minor as described under subdivision (a)(1)(A) of this section shall be paid into the minor's trust account under this subsection.
(B) When more than one (1) minor engaged in the work of content creation meets the content threshold described in subdivision (a)(1)(A) of this section, the percentage of total gross earnings on any content segment, including the likeness, name, or photograph of a minor, that is equal to or greater than one-half (1/2) of the content percentage that includes the minor as described under subdivision (a)(1)(A) of this section shall be divided equally between each of the minors, regardless of any difference in the percentage of content provided by the individual minors, and paid into a separate trust account for each minor under this subsection.
(3) (A) A trust account under this subsection shall provide, at a minimum, that:(i) The funds in the trust account be available only to the minor engaged in the work of content creation;(ii) The trust account shall be held by a bank or trust company, as those terms are defined under § 23-51-102;(iii) The funds in the trust account shall become available to the minor engaged in the work of content creation when the minor reaches eighteen (18) years of age, or upon entry of an order of emancipation of the minor by a court of competent jurisdiction; and(iv) The trust account meets the requirements under the Arkansas Uniform Transfers to Minors Act, § 9-26-201 et seq.(B) (i) If a content creator knowingly or recklessly violates subdivision (d)(3)(A) of this section, the minor may commence an action to enforce the provisions of this subsection.(ii) If a minor prevails in an action brought under subdivision (c)(2)(B)(i) of this section, the court may award:(a) Injunctive relief;(b) Actual damages;(c) Punitive damages; and(d) The cost of the action, including without limitation attorney's fees and litigation costs.
(A) A trust account under this subsection shall provide, at a minimum, that:(i) The funds in the trust account be available only to the minor engaged in the work of content creation;(ii) The trust account shall be held by a bank or trust company, as those terms are defined under § 23-51-102;(iii) The funds in the trust account shall become available to the minor engaged in the work of content creation when the minor reaches eighteen (18) years of age, or upon entry of an order of emancipation of the minor by a court of competent jurisdiction; and(iv) The trust account meets the requirements under the Arkansas Uniform Transfers to Minors Act, § 9-26-201 et seq.
(i) The funds in the trust account be available only to the minor engaged in the work of content creation;
(ii) The trust account shall be held by a bank or trust company, as those terms are defined under § 23-51-102;
(iii) The funds in the trust account shall become available to the minor engaged in the work of content creation when the minor reaches eighteen (18) years of age, or upon entry of an order of emancipation of the minor by a court of competent jurisdiction; and
(iv) The trust account meets the requirements under the Arkansas Uniform Transfers to Minors Act, § 9-26-201 et seq.
(B) (i) If a content creator knowingly or recklessly violates subdivision (d)(3)(A) of this section, the minor may commence an action to enforce the provisions of this subsection.(ii) If a minor prevails in an action brought under subdivision (c)(2)(B)(i) of this section, the court may award:(a) Injunctive relief;(b) Actual damages;(c) Punitive damages; and(d) The cost of the action, including without limitation attorney's fees and litigation costs.
(i) If a content creator knowingly or recklessly violates subdivision (d)(3)(A) of this section, the minor may commence an action to enforce the provisions of this subsection.
(ii) If a minor prevails in an action brought under subdivision (c)(2)(B)(i) of this section, the court may award:(a) Injunctive relief;(b) Actual damages;(c) Punitive damages; and(d) The cost of the action, including without limitation attorney's fees and litigation costs.
(a) Injunctive relief;
(b) Actual damages;
(c) Punitive damages; and
(d) The cost of the action, including without limitation attorney's fees and litigation costs.
(e) This section does not:(1) Affect a right or remedy available under any other law of this state; or(2) Have any effect on a party that is neither the content creator nor the minor engaged in the work of content creation.
(1) Affect a right or remedy available under any other law of this state; or
(2) Have any effect on a party that is neither the content creator nor the minor engaged in the work of content creation.