OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 376 Bill Analysis
135th General Assembly
Click here for H.B. 376’s Fiscal Note
Version: As Introduced
Primary Sponsors: Reps. Grim and McNally
Effective date:
Logan Briggs, Attorney
SUMMARY
 Requires adults, families, and businesses that receive compensation from online
platforms for video content that features one or more minors (“vlogging minors”) to
keep certain records and compensate the minors for their contributions.
 Requires such compensation to be placed into a trust account for the minor’s benefit.
 Establishes minimum percentages of earnings to which vlogging minors are entitled.
 Requires adults, families, and businesses that receive compensation from online video
content created and published by one or more minors (“publishing minors”) to transfer
that compensation to the minor or place it in a trust account for the minor’s benefit.
 Requires online platforms to provide itemized statements to Ohioans receiving
compensation generated by online video content that identify the videos generating
that compensation and the account that published them.
 Permits individuals who were featured in monetized online video content as a minor to
request that an online platform permanently delete any such content that features their
name, likeness, or photograph.
 Permits a civil action by which vlogging minors and publishing minors may enforce the
bill’s requirements.
 Exempts appearances in monetized online video content from Child Labor Laws.
 Names the bill the Kidfluencer Protection Act.
DETAILED ANALYSIS
Background
Online platforms such as YouTube, TikTok, Facebook, and Instagram have developed
programs through which users can earn money by posting content that they have created –
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including video content. Generally, these earnings are a portion of advertising revenue
generated by the user’s content. For example, many videos posted on YouTube have one or
more advertisements that appear before, during, or alongside the video. Each of these
advertisements generates a small amount of revenue for the platform, generally only a fraction
of a cent. However, if that video is viewed thousands or millions of times, that revenue can
become hundreds or thousands of dollars per video. Additionally, advertising revenue can be
supplemented by revenue earned through subscriptions, memberships, digital purchases, or
donations made by other users.
To incentivize users to continue creating content which can be monetized, these
platforms offer different forms of revenue sharing. This generally happens in one of two ways:
 The platform divides the approximate advertising revenue generated by cumulative
views for that piece of content between itself and the creator or owner of the content;
 The platform sets aside a large, predetermined pool of money and, periodically,
evaluates the cumulative views generated by content or qualified users. The pool of
money is then divided proportionally among the users according to their portion of the
total views during that period.1
Most platforms require users to be at least 18 years old to participate in any revenue
sharing or compensation programs. However, not every platform has such an agent limit for
posting content. And in cases where compensation is disbursed through secondary linked
accounts, it is possible for an adult to link an account and receive compensation generated by
content created or published by a minor.2
Online platforms do not account for persons other than the account owner who appear
in monetized content. Instead, compensation is only directed to the owner of the account,
regardless of whether other individuals appear in these videos. Notably, parents can publish
and receive significant compensation for monetized content that features or relies on their
children or other minors. The minors featured in the content, who may even be the primary
focus of the content (such as toy review videos or family vlogs) are not currently guaranteed
compensation.
1How Much Does YouTube Pay Per View?, which may be accessed by conducting a keyword “YouTube
pay per view” search on MUO’s website: makeuseof.com; How to get paid on TikTok, which may be
accessed by conducting a keyword “paid on TikTok” search on Mashable’s website: mashable.com.
2 Eligibility requirements for ads on Facebook Reels, which may be accessed by conducting a keyword
“eligibility ads Reels” search on Meta’s Business Help Center website: facebook.com/business/help;
About badges, which may be accessed by conducting a keyword “badges” search on Instagram’s Help
website: help.instagram.com; Virtual Items Policy, which may be accessed on TikTok’s website:
tiktok.com; Receive a Tip on TikTok, which may be accessed by navigating to the “Monetize on TikTok”
link on TikTok’s support website: support.tiktok.com; Eligibility requirements for AdSense, which may be
accessed by navigating to the “Before you sign up” link on Google’s AdSense Support website:
support.google.com/adsense.
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Vlogger recordkeeping and compensation requirements
The bill requires vloggers whose “vlog” (i.e., video content shared on an online platform
in exchange for compensation) includes one or more vlogging minors to (1) maintain and share
certain records, and (2) compensate the vlogging minors for their contributions.
Persons subject to requirements
The bill’s recordkeeping and compensation requirements apply to “vloggers,” which the
bill defines as an individual or family that resides in Ohio and creates video content that is
published as a vlog. The term includes any proprietorship, partnership, company, or other
corporate entity assuming the name or identity of a particular individual or family for the
purposes of the vlog. “Vlogger” does not include any person who is a minor.
“Family” is defined as a group of persons related by blood or marriage, including civil
partnerships, or whose close relationships with each other is considered equivalent to a family
relationship by the individuals.3
Persons eligible for protections
The bill’s protections apply to “vlogging minors,” meaning, a natural person who meets
all of the following criteria during a calendar year:
 The person was a minor at any point in the calendar year;
 The person’s likeness, name, or photograph is included in at least 30% of a vlogger’s
compensated video content published within a 30-day period during the calendar year.
Content percentage is measured by the percentage of time the likeness, name, or
photograph of the person visually appears in, or is the subject of an oral narrative
included in, a video in comparison to the total length of the video.
 The person’s likeness, name, or photograph is included in videos published in the
calendar year in question for which a vlogger received compensation equal to or greater
than one-tenth of one cent per view.4
Records
The bill requires any vlogger whose vlogs feature a vlogging minor to maintain the
following records for each calendar year:
 The name and documented proof of age of each vlogging minor featured;
 The number of vlogs that feature a vlogging minor that generated compensation;
 The total number of minutes each vlogging minor was featured in vlogs;
3 R.C. 4109.01(G) and (Q).
4 R.C. 4109.01(S).
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 The dollar amount deposited into a trust account for the benefit of each such vlogging
minor (see “Compensation,” below).
The vlogger must provide this information to each vlogging minor featured in their vlogs
annually, no later than March 1.5
Compensation
The bill requires any vlogger whose vlogs feature one or more vlogging minors to
compensate those minors by setting aside certain earnings in a trust account no later than
March 1 of each year.6
If there is only one vlogging minor featured in a vlog, then the vlogger must set aside at
least the minimum contribution for that minor. Under the bill, the “minimum contribution”
means one-half of the percentage of time that the vlogging minor’s likeness, name, or
photograph is featured in a vlog, multiplied by the gross earnings for that vlog in the calendar
year.7 For example, if a vlogging minor is featured for 15 minutes in a 30-minute vlog and the
vlog generates $1,000 during that calendar year, then the vlogging minor was featured for 50%
of the vlog and the minimum contribution for that specific vlog would be $250 (one-half of 50%,
multiplied by $1,000).
If multiple vlogging minors appear in a vlog, the same formula is used to calculate the
collective compensation, but it considers the total amount of time that any vlogging minors are
featured. From there, the minimum contribution is calculated for the vlog. Regardless of the
difference in time each vlogging minor was featured, this minimum contribution is then divided
equally between all vlogging minors featured in that vlog, and must be deposited into a
separate trust account for each.8
So if, using the example above, three vlogging minors appear in the vlog, the percentage
is based on how much time any of them are featured. So if all three are featured together
during the same 15 minutes during a 30-minute vlog, the percentage used will still be 50%. The
calculation would then result in a $250 minimum contribution which would be split evenly
between all three vlogging minors. Conversely, if one vlogging minor is featured by themselves
for 20 minutes, and the other two vlogging minors are featured together for the other
10 minutes, the percentage used would be 100% of the vlog. This would then result in a
minimum contribution of $500. This would then be split evenly between all three vlogging
minors, regardless of the difference in time each vlogging minor was featured.
5 R.C. 4109.23.
6 R.C. 4109.231(B).
7 R.C. 4109.231(A) and (C)(1).
8 R.C. 4109.231(C)(2).
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Trust account
A vlogger who is required to compensate a vlogging minor must annually deposit the
proper compensation into a trust account for the benefit of the vlogging minor. The contents of
the trust account must become available to the minor once they reach 18 years of age or a
court declares them to be emancipated. The trust account may not be available to anyone
besides the minor, and must be held by a bank, corporate fiduciary, or trust company.
Furthermore, the trust account must comply with the relevant provisions of the Ohio Transfers
to Minors Act.9
Enforcement
If a vlogger fails to properly keep and provide records, or to deposit compensation into a
trust account for a vlogging minor, the bill permits the vlogging minor to bring a civil action to
enforce the bill’s requirements. If the minor prevails in a civil suit related to compensation, the
bill permits the court to award actual damages, punitive damages, attorney’s fees, and litigation
costs.10
Compensation for publishing minors
In addition to the recordkeeping and compensation requirements for vlogs published by
adults, families, and businesses, the bill also establishes requirements for the management of
compensation generated by vlogs created and published by minors themselves. It requires
adults who receive earnings generated by publishing minors to either transfer those earnings to
the minor, or to place them in a trust account for that minor. The bill defines “publishing
minor” as a minor who (1) resides in Ohio, (2) independently or together with one or more
other minors, creates and publishes a vlog, and (3) retains control of the vlogging account used
to publish that vlog.11
Itemized statements
The bill requires the operator of any online platform which provides vlog compensation
to provide itemized account statements to the account holder. The bill defines “vlog
compensation” as funds disbursed by the operator of an online platform to a payment account
in connection with a vlog created and published by a publishing minor. “Vlog compensation”
includes disbursements based on advertising, revenue sharing, subscriptions, view counts, tips,
memberships, or other similar metrics. An “account holder” is any person, family,
proprietorship, partnership, or other corporate entity that owns or controls a payment account.
“Payment account” means an account associated with an online platform to which both of the
following apply:
 The account is associated with at least one vlogging account;
9 R.C. 4109.231(C), (D), and (E).
10 R.C. 4109.23(B) and 4109.231(F).
11 R.C. 4109.01(L).
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 The account holder, which may be the owner of an associated vlogging account or
another person, may use the account to receive, manage, or transfer vlog
compensation.
If the operator provides the vlog compensation to a payment account, it must provide
an itemized statement to the account holder each time that compensation is disbursed. If the
operator instead requires an account holder to initiate a withdrawal or to transfer funds in a
payment account to a bank, trust company, or other corporate fiduciary, the bill requires the
operator to provide the itemized statement to the account holder once every 30 days, so long
as the payment account has accrued compensation during that 30-day period.12
The itemized statement must contain all of the following information:
 Identifying information for each vlog that has generated vlog compensation, such as the
vlog’s internet address or URL;
 The dollar amount of vlog compensation generated by each vlog;
 The account name and email address associated with the vlogging account that
published each vlog that generated compensation;
 An indication that the operator of the online platform is providing the vlog
compensation for the benefit of the vlogging account, even if the vlogging account and
payment account share the same account name or email address.13
Compensation
The bill requires an account holder to set aside any compensation to which all of the
following apply:
 Was generated in connection with one or more vlogs published by a publishing minor;
 Was disbursed for the benefit of a vlogging account belonging to a publishing minor;
 Was not generated by a vlog created or published by a vlogger.
In other words, a minor is entitled to any compensation generated by a vlog that the
minor created and published if the online platform disburses that compensation to a payment
account operated by an adult unaffiliated with the production or publishing of the vlog. 14
The bill clarifies that a publishing minor is entitled to the vlog compensation described
above if that minor controls the vlogging account and email address identified in the online
platform operator’s itemized statement. If two or more publishing minors collectively operate a
vlogging account, each minor is entitled to an equal share of vlog compensation generated by
12 R.C. 1349.10(C).
13 R.C. 1349.10(B).
14 R.C. 4109.232(A).
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any vlog to which that minor contributed. However, if the vlogging account receives vlog
compensation for a vlog to which only one publishing minor contributed, then that minor is
entitled to the full amount of vlog compensation generated by that vlog, even if the vlogging
account is shared with one or more additional publishing minors.15
Under the bill, an account holder must compensate a publishing minor by either
transferring the funds to the minor in accordance with the Ohio Transfers to Minors Act, or by
depositing the funds into a trust account which meets the same requirements as those
described above, under “Trust acc