Bill Text: CA AB1880 | 2023-2024 | Regular Session | Introduced

California Assembly Bill 1880

Introduced

Bill Title: Minors: artistic employment.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed) 2024-05-01 - Referred to Com. on JUD. [AB1880 Detail]

Download: California-2023-AB1880-Introduced.html

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 1880

Introduced by Assembly Member Alanis

January 22, 2024

An act to amend Section 6750 of the Family Code, relating to minors.

LEGISLATIVE COUNSEL'S DIGEST

AB 1880, as introduced, Alanis. Minors: artistic employment.

Existing law regulates certain contracts for artistic employment between an unemancipated minor and third parties, including employment as an actor, dancer, musician, comedian, singer, stuntperson, voice-over artist, or other performer or entertainer, or sports participant. Existing law provides for the establishment of a Coogan Trust Account, as specified, for the purpose of preserving for the benefit of the minor 15% of the minor’s gross earnings or a greater percentage, if requested by the minor’s parent or guardian.

This bill would specifically include a child influencer in paid online content on internet websites, social networks, and social media applications in these provisions.

Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 6750 of the Family Code is amended to read:

6750.

(a) This chapter applies to the following contracts entered into between an unemancipated minor and a third party on or after January 1, 2000:

(1) A contract pursuant to which a minor is employed or agrees to render artistic or creative services, either directly or through a third party, including, but not limited to, a personal services corporation (loan-out company), or through a casting agency. “Artistic or creative services” includes, but is not limited to, services as an actor, actress, dancer, musician, comedian, singer, stuntperson, voice-over artist, child influencer in paid online content on internet websites, social networks, and social media applications, or other performer or entertainer, or as a songwriter, musical producer or arranger, writer, director, producer, production executive, choreographer, composer, conductor, or designer.

(2) A contract pursuant to which a minor agrees to purchase, or otherwise secure, sell, lease, license, or otherwise dispose of literary, musical, or dramatic properties, or use of a person’s likeness, voice recording, performance, or story of or incidents in the person’s life, either tangible or intangible, or any rights therein for use in motion pictures, television, the production of sound recordings in any format now known or hereafter devised, the legitimate or living stage, or otherwise in the entertainment field.

(3) A contract pursuant to which a minor is employed or agrees to render services as a participant or player in a sport.

(b) (1) If a minor is employed or agrees to render services directly for a person or entity, that person or entity shall be considered the minor’s employer for purposes of this chapter.

(2) If a minor’s services are being rendered through a third-party individual or personal services corporation (loan-out company), the person to whom or entity to which that third party is providing the minor’s services shall be considered the minor’s employer for purposes of this chapter.

(3) If a minor renders services as an extra, background performer, or in a similar capacity through an agency or service that provides one or more of those performers for a fee (casting agency), the agency or service shall be considered the minor’s employer for the purposes of this chapter.

(c) (1) For purposes of this chapter, the minor’s “gross earnings” means the total compensation payable to the minor under the contract or, if the minor’s services are being rendered through a third-party individual or personal services corporation (loan-out company), the total compensation payable to that third party for the services of the minor.

(2) Notwithstanding paragraph (1), with respect to contracts pursuant to which a minor is employed or agrees to render services as a musician, singer, songwriter, musical producer, or arranger only, for purposes of this chapter, the minor’s “gross earnings” means the total amount paid to the minor pursuant to the contract, including the payment of any advances to the minor pursuant to the contract, but excluding deductions to offset those advances or other expenses incurred by the employer pursuant to the contract, or, if the minor’s services are being rendered through a third-party individual or personal services corporation (loan-out company), the total amount payable to that third party for the services of the minor.