(a) A content creator shall compensate a minor who is engaged in the work of content creation under § 50-5-302(a) in accordance with this section. The content creator shall 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 eighteen (18) years of age, according to the following distribution:(1) If only one (1) minor meets the content threshold described in § 50-5-302(a)(1), the percentage of total gross earnings on a 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 as described in § 50-5-302(a)(1); or(2) If two (2) or more minors meet the content threshold described in § 50-5-302(a)(1), and a video segment includes two (2) or more of those minors, the percentage described in subdivision (a)(1) for all minors in a segment must be equally divided between the minors regardless of differences in percentage of content provided by the individual minors.
(1) If only one (1) minor meets the content threshold described in § 50-5-302(a)(1), the percentage of total gross earnings on a 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 as described in § 50-5-302(a)(1); or
(2) If two (2) or more minors meet the content threshold described in § 50-5-302(a)(1), and a video segment includes two (2) or more of those minors, the percentage described in subdivision (a)(1) for all minors in a segment must be equally divided between the minors regardless of differences in percentage of content provided by the individual minors.
(b) A trust account required by subsection (a) must 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 state or national bank, savings and loan association, credit union, or trust company;(3) The money in the account becomes available to the minor engaged in the work of content creation upon the minor attaining eighteen (18) years of age or upon a declaration that the minor is emancipated; and(4) The account meets the requirements of the Tennessee Uniform Transfers to Minors Act, compiled in title 35, chapter 7.
(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 state or national bank, savings and loan association, credit union, or trust company;
(3) The money in the account becomes available to the minor engaged in the work of content creation upon the minor attaining eighteen (18) years of age or upon a declaration that the minor is emancipated; and
(4) The account meets the requirements of the Tennessee Uniform Transfers to Minors Act, compiled in title 35, chapter 7.
(c) If a content creator violates this section, then the minor may commence a civil action to enforce this section regarding the trust account. In an action brought in accordance with this subsection (c), the court may award the following damages:(1) Actual damages, including any compensation owed under subsection (a);(2) Punitive damages; and(3) The costs of the action, including attorney's fees and court costs.
(1) Actual damages, including any compensation owed under subsection (a);
(2) Punitive damages; and
(3) The costs of the action, including attorney's fees and court costs.
(d) This section does not have an effect on a party that is neither the content creator nor the minor who engaged in the work of content creation.