The failed Montana draft would require vloggers to set aside video earnings for some minors featured in paid videos and allow suits over trust account violations.
Vloggers would keep and regularly share records about qualifying minors featured in paid videos. The records would cover video time, earnings, and money set aside for the minor.
Vloggers would set aside a share of earnings from qualifying videos in a trust for each qualifying minor. The share depends on how much the video features the minor.
A qualifying minor could sue over a trust account violation if the vlogger acted knowingly or recklessly. A court could award damages and legal costs to a minor who wins.
A vlogger would keep records about each qualifying minor and provide them to the minor on an ongoing basis. This covers a minor under 16 when at least 30% of the vlogger's compensated video content in a 30-day period features the minor by image, name, or spoken description, and the videos meet the platform's payment threshold or earn at least 10 cents per view. The vlogger must record the minor's name and age, qualifying videos and viewing time, compensation earned, and the amount deposited in the minor's trust account. A minor may sue to enforce this section if the vlogger fails to keep the required records. The qualifying conditions must have been met at some point in the previous 12 months.
A vlogger would set aside part of qualifying video earnings in a trust account for each qualifying minor. This covers a minor under 16 who meets the paid-video and content conditions described above. The amount set aside must be at least half the share of the video segment that features one qualifying minor. If a segment features more than one qualifying minor, the share for all those minors is divided equally. The trust must be held by an authorized trust provider, and only the minor may use its funds. The minor could access the trust money at age 18 or upon emancipation.
A qualifying minor could sue over a trust account violation if the vlogger knowingly or recklessly violated this section. This applies to a minor under 16 who meets the paid-video and content conditions described above. A court could award actual damages, punitive damages, and the winning minor's case costs, including attorney fees and litigation costs. Other rights and remedies under state law remain available, and this section does not affect parties other than the vlogger or the minor. The minor could sue until age 25 or three years after discovering the violation, whichever is later.
No hearings or votes scheduled.