                                 CODE OF VIRGINIA

CHILD ENGAGED IN THE WORK OF CONTENT CREATION; CRITERIA (§ 40.1-109.1)

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&#8217;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&#8217;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&#8217;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 &#xA7; 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.

HISTORY: 2025, cc. 699, 705.