Virginia § 40.1-109.1 - Child engaged in the work of content creation; criteria

§ 40.1-109.1. Child engaged in the work of content creation; criteria

A. A child under the age of 16 is considered engaged in the work of content creation when the following criteria are met at any time during the previous 12-month period:

1. At least 30 percent of the content creator's compensated video content produced within a 30-day period included the likeness, name, or photograph of the child. Content percentage is measured by the percentage of time the likeness, name, or photograph of the child or, if more than one child regularly appears in the creator's content, any of the children visually appears or is the subject of an oral narrative in a video segment as compared to the total length of the segment; and

2. The number of views received per video segment on any online platform met the online platform's threshold for the generation of compensation or the content creator received actual compensation for video content equal to or greater than $0.10 per view.

B. All content creators whose content features a child under the age of 16 engaged in the work of content creation shall maintain the following records and shall provide them to the child and the holder of the trust account required pursuant to § 40.1-109.2 on an ongoing basis:

1. The name and documentary proof of the age of the child engaged in the work of content creation;

2. The number of videos that generated compensation as described in subsection A during the reporting period;

3. The total number of minutes of the video content that the content creator received compensation for during the reporting period;

4. The total number of minutes each child was featured in video content during the reporting period;

5. The total compensation generated from video content featuring a child during the reporting period; and

6. The amount deposited into the trust account for the benefit of the child engaged in the work of content creation, as required by § 40.1-109.2.

C. If a content creator whose video content features a child under the age of 16 engaged in the work of content creation fails to maintain the records as provided in subsection B, the child, or his parent or guardian on behalf of such child, may commence a civil action to enforce the provisions of this section. No action shall be commenced under this section more than two years after the date on which the child engaged in the work of content creation attained 18 years of age.

2025, cc. 699, 705.