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(820 ILCS 205/12.6) (Section scheduled to be repealed on January 1, 2025) Sec. 12.6. Minor engaged in the work of vlogging; trust fund. (a) A minor satisfying the criteria described in subsection (a) of Section 2.6 must be compensated by the vlogger. The vlogger must set aside gross earnings on the video content including the likeness, name, or photograph of the minor in a trust account to be preserved for the benefit of the minor upon reaching the age of majority, according to the following distribution: (1) where only one minor meets the content threshold |
| described in Section 2.6, the percentage of total gross earnings on any 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 Section 2.6; or
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(2) where more than one minor meets the content
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| threshold described in Section 2.6 and a video segment includes more than one of those minors, the percentage described in paragraph (1) for all minors in any segment must be equally divided between the minors, regardless of differences in percentage of content provided by the individual minors.
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(b) A trust account required under this Section must provide, at a minimum, the following:
(1) that the funds in the account shall be available
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| only to the minor engaged in the work of vlogging;
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(2) that the account shall be held by a bank,
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| corporate fiduciary, or trust company, as those terms are defined in the Corporate Fiduciary Act;
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(3) that the funds in the account shall become
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| available to the minor engaged in the work of vlogging upon the minor attaining the age of 18 years or until the minor is declared emancipated; and
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(4) that the account meets the requirements of the
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| Illinois Uniform Transfers to Minors Act.
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(c) If a vlogger knowingly or recklessly violates this Section, a minor satisfying the criteria described in subsection (a) of Section 2.6 may commence an action to enforce the provisions of this Section regarding the trust account. The court may award, to a minor who prevails in any action brought in accordance with this Section, the following damages:
(1) actual damages;
(2) punitive damages; and
(3) the costs of the action, including attorney's
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| fees and litigation costs.
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(d) This Section does not affect a right or remedy available under any other law of the State.
(e) Nothing in this Section shall be interpreted to have any effect on a party that is neither the vlogger nor the minor engaged in the work of vlogging.
(Source: P.A. 103-556, eff. 7-1-24. Repealed by P.A. 103-721, eff. 1-1-25.)
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