The New
Coogan Law SB 1162 The new
Coogan Law covers 100% of all minors' contracts, rather than
the previous law which only covers 5% of contracts that are
court-approved. * makes
earnings the separate property of the child, rather than
community property of the parents according to California
community property laws. * lowers the
set aside amount to 15% of gross earnings, compared to the
former court requirement of 30% (which does not allow for
payment of operating expenses such as agents, managers,
attorneys, acting lessons, professional photographs,
transportation costs, tutoring, publicists and
accountants). * requires
producers to make timely deposits which will allow interest
to build on the principal earnings right away - unlike the
current situation where employers have been known to wait
ten months before depositing earnings. Types of
contracts covered The new
Coogan Law covers contracts signed on or after January 1,
2000, pursuant to which a person is employed or agrees to
render artistic or creative services, including services as
an actor, actress, dancer, musician, comedian, singer,
stunt-person, voice-over artist, songwriter, composer,
conductor or designer. The new law will also cover contracts
pursuant to which a person agrees to purchase or otherwise
secure, sell lease, license, or otherwise dispose of
literary, musical, or dramatice properties, or use of a
person's likeness, voice recording, performance, or story of
or incidents in his or her life, either tangible or
intangible, or any rights therein for use in motion
pictures, television, the production of sound recordings,
the legitimate or living stage, or otherwise in the
entertainment field. Finally, the new law will cover
contracts pursuant to which a person is employed or agrees
to render services as a participant or player in a
sport. Court-Approved
Process and Removal or Right to Disaffirm Upon
petition by any party, the contract may be approved by the
court as fair, which removes the minor's right to disaffirm
(or break) the contract simply because the minor signed
during minority. Usually studios seek approval of theatrical
or television series contracts so minors cannot stop working
in the middle of a project. Parent/Guardian
Requirements & Fiduciary Duties The
parent/guardian is required to provide a certified copy of
the minor's birth certificate indicating the minor's
minority to the other party or parties to the contract (e.g.
the studio), and in the case of a guardian, a certified copy
of the court document appointing the person as the minor's
legal guardian The
parent/guardian has a fiduciary relationship with the minor
that is governed by the law of trusts, and shall pay all
liabilities incurred by the minor under the contract,
including payments for taxes on all earnings (including
taxes on the amounts set aside for the minor) and payments
for personal or professional services rendered to the minor
or the business related to the contract. Nothing in the new
law alters any other existing responsibilities of a
parent/guardian to provide for the support of a minor
child. Court-Approved
Contracts Under court
approved contracts, 15% of gross earnings are required to be
set aside by the minor's employer in trust, in an account or
other savings plan, and preserved for the benefit of the
minor. The parent/guardian or minor, through the guardian ad
litem, may petition the court to request that more than 15%
of gross earnings be set aside. The court
shall require that at least one parent or legal guardian be
appointed as trustee at the time the approval order is
issued, unless the court determines that appointment of a
different individual(s), entity or entities as trustee(s) is
in the best interest of the minor. Non-Court
Approved Contracts or Contracts Which Were Denied Court
Approval 15% of the
gross earnings are required to be set aside by the minor's
employer in trust, in an account or other savings plan and
preserved for the benefit of the minor. At least one parent
or legal guardian shall be the trustee, unless the court,
upon petition by the parent/guardian, minor (through the
parent/guardian ad litem), or trustees, shall determine that
appointment of a different individual(s), entity or entities
is in the best interest of the minor. Depositing
of funds The minor's
employer is required to deposit or disburse the funds within
15 business days of receiving the trustee's statement with
the account information, or if the court denies approval of
the contract, within 15 business days of receiving a final
order denying approval of the contract. If the employer has
not received the trustee's statement or the final court
order, the employer will hold for the benefit of the minor
the set aside amount. The parent /
guardian is required to promptly notify the minor's employer
in writing of any change in facts that affect the employer's
obligation or ability to set aside funds, including a change
of financial institution or account number, or the existence
of a new or amended order amending or terminating the
employer's obligations under the original order.
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