The Kidfluencer Economy: New Laws Protecting Child Influencers
Illinois and California now require parents who earn from videos featuring their kids to set aside earnings in trust accounts — here is what parents must know.
Illinois Senate Bill 1782 — the first US kidfluencer law, effective July 1, 2024 — requires vloggers who feature children under 16 in at least 30% of paid content to set aside a proportional share of earnings in trust until the child turns 18. California followed in 2024 with AB 1880 and SB 764, expanding the 1939 Coogan Law to child influencers. This article explains both laws, compares kidfluencers with traditional child actors, and gives parents practical steps to protect their kids' money and privacy.
Your child lands a brand deal before they can tie their shoes. It sounds like a joke, but for thousands of families it is real life. Videos featuring children are among the most popular content on YouTube, and brand deals featuring the internet's youngest stars can bring in tens of thousands of dollars per video. Yet for years, the kids at the center of it all had almost no legal protection: the money went to the parents, and the child might never see a cent.
That is starting to change. In 2023, Illinois became the first US state to pass a law specifically protecting the earnings of child influencers — often called "kidfluencers." California followed in 2024. If you are a parent who posts videos of your kids, or if your child dreams of becoming a creator, here is what you must know.
The Illinois law that started it all
Illinois Senate Bill 1782, signed by Governor J.B. Pritzker on August 11, 2023, amends the state's Child Labor Law to cover children featured in monetized online videos (AP News). It took effect on July 1, 2024, as Public Act 103-0556 (Open States bill record).
The law applies to "vloggers" — individuals or families who create video content in Illinois in exchange for compensation — who feature children under the age of 16. It kicks in when, at any point during a 12-month period, a child appears in at least 30% of the vlogger's paid video content produced within a 30-day window, and the content actually earns money — either by hitting the platform's compensation threshold or by earning at least $0.10 per view (Fisher Phillips legal analysis).
How much money must be set aside? It is proportional to screen time. If a child appears in 100% of the qualifying content, at least 50% of the gross earnings must go into a trust for the child. If the child appears in 50% of the content, at least 25% goes into trust, and so on. The money stays in the trust until the child turns 18 or is emancipated.
The law also gives the child real power. Vloggers must keep records of qualifying content, the compensation received, and the trust deposits — and must give the child regular access to those records. If a vlogger knowingly or recklessly fails to set the money aside, the child can sue them. And once the child reaches adulthood, they can request the permanent deletion of video segments that feature them.
Remarkably, the idea for the law came from a teenager. Shreya Nallamothu, then 15, brought the concept to Illinois State Senator David Koehler after watching the pandemic-era boom in family vlogging and realizing there was, in her words, "absolutely zero legislation in place to protect them" (AP News).
California follows with its own protections
On September 26, 2024, California Governor Gavin Newsom signed two bills — AB 1880 and SB 764 — protecting child influencers, with former child star Demi Lovato joining him at the signing (California Governor's office).
SB 764 requires parents or guardians of children featured in monetized online content to set aside a percentage of the earnings in trust accounts for the child, scaled to how much the child appears in the content. AB 1880 expands California's famous Coogan Law — the 1939 law that has long protected child actors — to cover minors employed as content creators on platforms like YouTube, requiring employers to place at least 15% of gross earnings in trust until the child reaches adulthood. The new requirements took effect on January 1, 2025 (Mondaq analysis).
That made California the third state, after Illinois and Minnesota, to pass financial protections for children featured in social media content — and more states are considering similar bills.
The Coogan Law: where it all began
The new kidfluencer laws borrow their DNA from a law nearly a century old. In the 1920s, Jackie Coogan was one of America's first child stars, earning millions starring alongside Charlie Chaplin. When he reached adulthood, he discovered his mother and stepfather had spent almost all of his fortune. He sued, recovered only a small fraction, and the scandal led California to pass the Child Actor's Bill in 1939 — the Coogan Law (California Child Actor's Bill).
The Coogan Law requires a child performer's employer to set aside 15% of earnings in a blocked trust account — a Coogan Account — that the child can access at 18 (Backstage explainer). For decades it covered movies, television, and modeling. The new kidfluencer laws simply extend the same idea from the studio to the smartphone.
Traditional child actors vs kidfluencers
| Traditional child actors | Kidfluencers | |
|---|---|---|
| Where they work | Film and TV sets, studios | Home, family life, phone cameras |
| Employer | A studio or production company | Usually their own parent |
| Earnings protection | Coogan Law: 15% in trust until 18 | Until recently: none |
| New protections | Covered since 1939 | Illinois (2024) and California (2025) laws |
| Work-hour rules | Strict limits, on-set tutors | Almost no limits yet |
| Privacy | Roles are fictional | Real life shared publicly: grades, illnesses, tantrums |
What parents must know
Treat content as work, not just fun. If your child appears regularly in videos that earn money, that is a job — and in Illinois and California, the law now treats it that way. Keep records of which videos feature your child, how much each earns, and what you set aside.
Open a trust account early. Even if your state has no kidfluencer law yet, a blocked trust account for your child (the same kind of account used for child actors) protects their share of earnings until they turn 18. A financial advisor or bank can help you set one up.
Give your child veto power. Beyond the money, think about consent. Family vlogs often share intimate details of children's lives — grades, potty training, illnesses, first periods — with millions of strangers (AP News). Experts warn this "sharenthood" industry can cause serious harm to children. Let your child say no to being filmed, and respect it.
Check your state's law. Protections vary widely. Illinois covers vlogging done in the state; California's laws cover content creators and marketers working with child influencers there. If you earn from family content, check whether your state has passed or proposed a kidfluencer bill — the list is growing.
Remember the digital footprint. Videos rarely disappear completely. Talk with your child — in age-appropriate terms — about the fact that what goes online can follow them for years, and revisit the conversation as they grow.
Frequently asked questions
What is the Illinois kidfluencer law?
Illinois Senate Bill 1782 (Public Act 103-0556), effective July 1, 2024, is the first US law protecting the earnings of child influencers. It requires vloggers in Illinois who feature children under 16 in at least 30% of their paid video content to set aside a proportional share of gross earnings in a trust the child can access at 18 (Fisher Phillips legal analysis).
How much money must be set aside for the child?
It depends on screen time. Under the Illinois law, a child featured in 100% of qualifying content is entitled to at least 50% of the gross earnings; a child in 50% of the content gets at least 25%, and so on. California's Coogan Law expansion requires at least 15% of a child influencer's gross earnings in trust (California Governor's office).
Does the Illinois law apply if I live in another state?
The Illinois law targets vloggers whose content is performed in Illinois, so it does not automatically cover families in other states. However, California and Minnesota have passed their own kidfluencer protections, and more states are considering similar bills — so check the law where you live (Mondaq analysis).
Can my child delete old videos of themselves?
Under the Illinois law, once the child reaches the age of majority, they can request the permanent deletion of video segments featuring their likeness from platforms that paid for the content (Open States bill record). Even without a law, many platforms have takedown processes parents can use.
What is the Coogan Law?
The California Child Actor's Bill of 1939 — the Coogan Law — was created after child star Jackie Coogan discovered his parents had spent nearly all of his earnings. It requires employers to place 15% of a child performer's earnings in a blocked trust account accessible at 18. In 2024, California expanded it to cover child social media creators (California Child Actor's Bill).