(WBBM NEWSRADIO) – A first-of-its-kind state law that takes effect later this year in Illinois is designed to protect the potential earnings of children who are featured in vlogs and social media platforms.
State Sen. Dave Koehler’s bill is considered a trailblazing piece of legislation in the era of YouTube and TikTok, but its core mission of preserving revenue for minors actually harks back to a landmark 1939 California law known as the Coogan Act.
Its namesake, Jackie Coogan (1914-1984), is considered cinema’s first major child star. During the silent film era, he co-starred with luminaries like Charlie Chaplin and Lon Chaney Sr. and earned millions. But that fortune was squandered by his mother and manager. By the time Coogan sued them as an adult, there was little left for him.
In response, legislators enacted the California Child Actor’s Bill, which requires employers of young performers to set aside 15 percent of their earnings. Minors can tap those trusts – or, Coogan Accounts – when they turn 18. The law was updated at the turn of the present century to close loopholes, according to the film actors union SAG-AFTRA.
Some of the basic issues of the nearly-century-old Coogan saga are relevant today as families create content for social media platforms and reap financial benefits as viral stars or influencers, says Koehler, a Democrat from Peoria.
“This is a business,” Koehler said during a recent interview for the Looped In: Chicago podcast. “This is not a judgment on the families. You can do this as a business, but just take care of the child. Don’t use the child as a cash cow and then forget about them.”
Koehler worked with a teen constituent and Quit Clicking Kids, an advocacy group that supports privacy protections for children influencers. The Illinois legislation that passed in 2023 applies to content creators who hit certain metrics, Koehler said, and it obligates them to put a percentage of a minor’s earnings into a trust.
Getting back to Jackie Coogan, the child actor whose earnings were siphoned a century ago. His story is not all sad. In adulthood, Coogan enjoyed a measure of success as a character actor in films and television.
Today, he arguably is best known for a TV role he played in the mid-1960s: Uncle Fester on “The Addams Family.”
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