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ULC draft would require preserving compensation for child digital entertainers; Virginia law similar in parts
Summary
A 2026 Uniform Law Commission draft would require content creators preserving at least 30% of compensation for child performers when annual earnings exceed $50,000 and deposit a portion into a protected account; DLS staff compared the draft to Virginia's existing statute and noted key differences in thresholds, timing and remedies.
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DLS summer clerk Caitlin Cooper briefed Virginia commissioners on a substantially revised 2026 Uniform Law Commission draft addressing child digital entertainers. The draft updates definitions of “content creator” and “content sharing platform” and narrows how a child qualifies as a digital entertainer.
Cooper said the drafters propose a $50,000 annual compensation threshold that triggers preservation obligations and a default preservation percentage of at least 30% of earnings. Under the draft, 15% of preserved funds would be deposited into a protected trust account while 85% could be paid directly to the child entertainer. Cooper noted the draft’s stated rationale for the $50,000 trigger ties to federal tax considerations.
The 2026 draft also extends the statute of limitations for civil actions to five years (up from Virginia’s two), clarifies account‑opening timing (account must be created before the first payment), provides for equitable relief and aligns remedies with Virginia law in some respects. Cooper said states vary in scope; Virginia’s 2025 law is similar in some definitions but does not specify a preservation percentage and uses a shorter limitations period.
Commissioners expressed interest in the practical administration of the preservation percentage, account verification and how definitions would apply to background or incidental appearances. The drafting committee flagged those implementation details for further discussion before the annual meeting.

