Montana § 30-25-304 - Trust Contribution For Profitable Video Content Involving Minor Child

§ 30-25-304. Trust Contribution For Profitable Video Content Involving Minor Child

Trust contribution for profitable video content involving minor child. (1) A content creator meeting the criteria under subsection (2) shall compensate, under subsection (3), the content creator's minor child whose likeness, name, or photograph constitutes the video content meeting the criteria in subsection (2)(a). (2) This section applies to a content creator meeting the following criteria at any time within the previous 12-month period: (a) (i) the number of views received for each video segment on an online platform or network meets the platform or network's threshold for generation of compensation; or (ii) the content creator receives actual compensation for the video content equal to or greater than $0.10 a view; and (b) at least 30% of the content creator's compensated video content produced within a 30-day period includes the likeness, name, or photograph of the content creator's minor child. (3) A content creator meeting the criteria in subsection (2) shall set aside a percentage, calculated under subsection (4), of the gross earnings on the video content including the likeness, name, or photograph of the content creator's minor child in a trust to be preserved for the benefit of the minor on reaching the age of majority according to the following distribution: (a) if only one minor child meets the content threshold described in subsection (2)(b), the percentage required under subsection (4) of total gross earnings on a video segment including the likeness, name, or photograph of the content creator's minor child that is equal to or greater than the content percentage that includes the minor child as described in subsection (2)(b); or (b) if more than one minor child meets the content threshold described in subsection (2)(b) and a video segment includes more than one of those children, the additive percentage required under subsection (4) for all minor children in a video segment must be equally divided between the children, regardless of differences in percentage of content featuring the individual children. (4) (a) For video segments that include the likeness, name, or photograph of the minor that is equal to or greater than 30% but less than 50% of the compensated video content, the trust contribution under subsection (3) must be equal to 10% of the gross earnings. (b) For video segments that include the likeness, name, or photograph of the minor that is equal to or greater than 50% but less than 75% of the compensated video content, the trust contribution under subsection (3) must be equal to 25% of the gross earnings. (c) For video segments that include the likeness, name, or photograph of a minor that is equal to or greater than 75% of the compensated video content, the trust contribution under subsection (3) must be equal to 50% of the gross earnings. (5) Content percentage is measured by the percentage of time the likeness, name, or photograph of the content creator's minor child visually appears or is the subject of an oral narrative in a video segment, as compared to the total length of the video segment.