C.R.S. § 8-12.5-102: Compensation for content creation - minors engaged in content creation - minor's own content creation - required records - trust account.

(1) (a) Except as otherwise provided in this section, a minor is considered engaged in the work of content creation when the following criteria are met at any time during the previous twelve-month period:

(I) At least thirty percent of the content creator's online content produced within a thirty-day period includes the likeness, name, or photograph of the minor. Online content percentage is measured by the percentage of time the likeness, name, or photograph of the minor visually appears or is the subject of an oral narrative in online content, as compared to the total length of time of the online content.

(II) The number of views received per segment of online content on an online hosting platform meets the online hosting platform's threshold for the generation of compensation or the content creator receives actual compensation, including compensation from sponsorships, for online content equal to or greater than ten cents per view; and

(III) The content creator receives actual compensation for online content in an amount of at least forty thousand dollars.

(b) A minor who is fourteen years old or older may produce, create, and publish their own online content and is entitled to all compensation for their own content creation.

(2) (a) All content creators whose online content features a minor engaged in the work of content creation as described in subsection (1)(a) of this section shall maintain the following records until the minor turns eighteen years old:

(I) The name and documentary proof of the age at which the minor who is engaged in the work of content creation started online content creating;

(II) The number of posts featuring online content that generated compensation during the reporting period;

(III) The total number of minutes of the posts featuring online content that the content creator received compensation for during the reporting period;

(IV) The total number of minutes the minor was featured in posts featuring online content during the reporting period;

(V) The total compensation generated from posts featuring online content that feature the minor during the reporting period; and

(VI) The amount deposited into the trust account for the benefit of the minor engaged in the work of content creation, as required by subsection (3) of this section.

(b) The records required by this subsection (2) must be readily accessible to the minor for review. The content creator shall provide notice to the minor of the existence of the records.

(c) If a content creator whose posts featuring online content feature a minor engaged in the work of content creation fails to maintain the records as provided in this subsection (2), a civil action in district court may be filed on behalf of the minor to enforce this section. The court may award a minor who prevails in an action brought in accordance with this section the following:

(I) Injunctive relief;

(II) Actual damages;

(III) Punitive damages; and

(IV) The costs of the action, including attorney fees and court costs.

(3) (a) A content creator shall compensate a minor who is engaged in the work of content creation as described in subsection (1)(a) of this section by setting aside gross earnings on online content that includes the likeness, name, or photograph of the minor into a trust account to be preserved for the benefit of the minor upon reaching the age of majority or upon a declaration that the minor is emancipated, except for any money distributed pursuant to subsection (3)(d) of this section. The gross earnings shall be set aside according to the following distribution:

(I) If only one minor meets the online content threshold described in subsection (1)(a) of this section, the percentage of gross earnings on any online content that includes the likeness, name, or photograph of the minor that is equal to or greater than forty percent of the online content that includes the minor, as described in subsection (1)(a) of this section; or

(II) If more than one minor meets the content threshold described in subsection (1)(a) of this section and any segment of online content includes more than one of the minors, the percentage described in subsection (3)(a)(I) of this section for all minors in any segment shall be equally divided between the minors, regardless of differences in percentage of content provided by the individual minors, and paid into a separate trust account for each minor.

(b) A content creator shall ensure that a trust account required under this section meets the following requirements:

(I) The money in the account is made available only to the minor engaged in the work of content creation;

(II) The trust account is held by a bank or trust company;

(III) The money in the trust account will become available to the minor engaged in the work of content creation upon the minor turning eighteen years old or upon a declaration that the minor is emancipated;

(IV) The trust is not revocable by the content creator without the consent of the minor engaged in the work of content creation; and

(V) The account meets the requirements of the "Colorado Uniform Transfers to Minors Act", article 50 of title 11.

(c) If a content creator knowingly or recklessly violates this section, a civil action in district court may be filed on behalf of the minor to enforce this section. The court may award a minor who prevails in an action brought in accordance with this section the following:

(I) Injunctive relief;

(II) Actual damages;

(III) Punitive damages; and

(IV) The costs of the action, including attorney fees and court costs.

(d) If, in the preceding calendar year, a minor is engaged in the work of content creation and meets the criteria described in subsection (1)(a) of this section for the first time, the content creator shall establish the trust required by subsection (3)(a) of this section on or before January 30 of the calendar year.

(e) A court of competent jurisdiction may distribute money from a trust account required by subsection (3)(a) of this section to a content creator prior to the minor who is the beneficiary of the trust account reaching the age of majority or a declaration that the minor is emancipated upon:

(I) Petition of the trustee; and

(II) A subsequent finding by the court that the money will only be used for specific expenses that solely benefit the minor who is the beneficiary of the trust account.

(f) This section does not affect a right or remedy available under any other law of the state.

(g) Nothing in this section shall be construed to affect a party that is neither the content creator nor the minor engaged in the work of content creation.