No Minor Issue: working with kids in podcasts

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No minor issue working with kids in podcasting.

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Hey there, podcasting pros. There's an old adage in show business,

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never work with animals or children, and it's mainly

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about being upstaged by their cuteness. But have you ever wondered

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about the legal hoops when you're involving kids in your podcast? Well,

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today, we're diving into a question from one of our viewers about having a

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minor as a cohost. So stick around because this is something you

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definitely want to get right if you do it.

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Welcome back to another episode of Legit Podcast Pro. I'm your host, Gordon

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Firemark, the podcast lawyer. And in today's episode, we are tackling a

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crucial topic, working with minors in podcasting. Now this is

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an area filled with potential pitfalls and legal nuances,

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but it is also one that can lead to really unique and engaging content if

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it's handled correctly. So we're gonna answer a viewer's question

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about using a minor as a cohost. We're gonna discuss everything from

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the enforce ability of the contracts with minors, the role of parents

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and their signatures, and the court approval process that some states have. And we'll

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also cover a few other legal business considerations to think about

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when working with kids in media and entertainment. So let's get right

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into this viewer's question. He wrote in, I'll have

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an episode, upcoming where a minor will act as a cohost.

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I had his parents sign the guest release document, and I made some slight changes

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to indicate that he's a minor. He's going to cohost, and

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both parents gave their permission for all of the things that are already in the

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release. I'm just not sure if this is legit enough, but I thought that this

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might be something other podcasts have or are considering.

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Well, this is an excellent question and one that lots of

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podcasters ought to think about as they expand their content

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to include younger voices. It is a reminder that while podcasting

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can seem very straightforward, there are often hidden

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legal complexities that can come up, especially when minors are involved or

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other slightly out of the ordinary,

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things are are part of the equation. So first things first, contracts

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with minors. Generally speaking, contracts with

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minors are not enforceable against the minor. That means that if the

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minor or the parents later decide to back out of the deal, they

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can typically do that without legal consequences. That's

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because the law recognizes that minors may not fully

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understand the implications of a contract and, therefore,

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can't be held to the same standards as adults. And, in

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fact, for instance, one very now very famous actor appeared

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in several films as a minor, and later when he became an adult,

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he voided some of those agreements, making it impossible to

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distribute those films. We'll talk a little more about that in a minute, but this

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is a perfect example of the complications that can arise

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when working with kids and why it's crucial to understand the legal

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landscape. So are parent signatures enough if the

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kids can't make their own contracts? Well, having a parent or guardian sign

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the release is a useful step. It shows that the parents are aware

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of and they consent to the minor's participation,

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but this alone may not be sufficient to really

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provide full legal protection. Parents can consent on

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behalf of their minor children, but there are limits to

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what they can legally agree to. For

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example, they can't waive certain labor protections or rights

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that the child the child might have. They can't force the kid to work.

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We call that slavery, and that's not something we do here.

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That means that while a parent's signature can help to demonstrate their

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consent, it doesn't entirely eliminate the risk

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of the minor later backing out or challenging the agreement at

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some other time. So it is a worthwhile

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effort to get the parents' signatures, but it isn't always going to

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be sufficient. So, in

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some states, especially those with a robust entertainment

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industry like California and New York, there's an additional step

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you should be aware of. It's a court approval process. Now it's

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not a requirement, but getting court approval can render

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the contract fully binding and enforceable even though one

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of the parties is a minor. Now this process ensures that the terms of

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the contract are fair and in the best interests of the child.

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So here's a quick overview of how the court approval process

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works here in California. And as I understand it, New York and Illinois

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have similar programs and very similar. While each state has its own

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specific procedures, here's what they sort of have in common.

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First off, you need to draft a petition that includes details

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about the contract, the terms of the contract, the minor's role, and

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the information about the parents or legal guardians. And you have to

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justify why the contract should be approved, that it's fair and

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reasonable. Next, you file the petition with the appropriate

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court. Now that's in California, that's called the Superior Court.

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In New York, it's called the New York State Supreme Court, and in Illinois,

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it's the circuit court. Just to keep things interesting, they use different

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nomenclature for these things. Anyway, you typically you file this in the

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county where the minor resides or will where the work is

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going to be performed. Now in addition to

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this petition, the court usually requires some supporting documents

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that'll, of course, be a copy of the contract itself, the minor's

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work permit. California also requires proof of something called a

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Coogan account. It's a special segregated bank account that

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safeguards a portion of the minor's earnings until they

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are an adult. Now if you're doing a podcast where there's no earnings to speak

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of, this may not be something you can do, but it's something to be aware

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of. Once the petition is filed, a hearing date might

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be set. Now the hearing allows the judge to review the contract,

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consider its fairness, talk to the lawyers, and hear from all of the

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interested parties. During that hearing, the judge will evaluate

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the fairness of the deal, the compensation working conditions, and the

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impact on the minor's education and well-being. They'll also

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ensure that a portion of those earnings are put aside in that Coogan account if

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it's California, and other states will do similar things. Sometimes,

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if the paper record is sufficient, the judge can actually rule without a hearing.

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And here in California, my experience is most the time this is just done through

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the mail. Anyway, if the judge approves the contract, then they

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issue a court order, and that makes the contract binding

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and enforceable. So by understanding these processes

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and the nuances, you can better navigate the legal landscape

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of of working with minors in your projects. And this will ensure

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that all the legal requirements are met and protections in place for both the

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minor and the producer of the show. Now beyond

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contracts, there are some other significant legal and business

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concerns when you're working with minors. First off,

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labor laws. Most states have specific labor laws that

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address minors, restrictions on their working hours and conditions.

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For example, minors are often limited in the number of hours they're

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allowed to work each day and week, and there are usually restrictions

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on the times of day that the work is allowed. Ensuring

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compliance with these laws is critical to avoid legal

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trouble. Education requirements. You also

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probably have to assure that the minor's participation will not

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interfere with their education. Some state states require

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that a studio teacher or a welfare worker is present to monitor the sky

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the school's, excuse me, the child's schooling or welfare. And

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that's especially important when it's longer projects or that are gonna take the kid away

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from the regular school during normal school

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periods. So keep that in mind. Safety

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and welfare is another concern. It's always important to prioritize the minor

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safety and well-being, including having a clear plan for

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emergencies, making sure the working environment is safe and suitable for

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kids, and adhering to any guidelines that the state or federal

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child labor laws set out. It is essential to create a child

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friendly environment that fosters creativity while also

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ensuring their protection. Number 4 is privacy

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concerns. Protecting minors' privacy is important.

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Be mindful of the information shared about the kid and ensure

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that they know what they're disclosing and that the consent is

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given for those disclosures, especially when there are personal

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details. This includes being cautious about sharing where they

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live, their name, address, the school, or any other identifying

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information that might be made public by the episode.

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So let's dive a little deeper now into that young

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actor I mentioned. You might have heard of him. His name

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is Leonardo DiCaprio. And as a young actor,

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DiCaprio participated in several student film and experimental film

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projects under agreements that were made while he was still a

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minor. Later, as an adult and as his career was taking

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off, he began to exercise his right to void those early

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contracts so that those films would never be seen again. And that action

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resulted in challenges for the filmmakers who had investments in their

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projects that they could no longer distribute or profit from

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without a renegotiation with DiCaprio, who is now an established

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czar. Well, this situation underscores the potential pitfalls

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of working with minors in the entertainment industry. If those

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contracts had been court approved, the producers would have had much

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more solid ground to stand on. It's a perfect illustration of why

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taking additional legal steps like seeking court approval can be

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important. These steps can save you from potential disputes

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and ensure that your project remains viable and legally sound.

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So while having a minor as a cohost can certainly add a unique and

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engaging element to your podcast, it is vital that you navigate

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the legal landscape carefully, ensure you have the necessary

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parental consents, and consider that court approval if it's

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available, and always prioritize the minor's safety and

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well-being. Learning from past examples, like the DiCaprio

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story and his early career, will really help you make more informed

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decisions and avoid potential legal headaches.

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Well, thanks for tuning to this episode of, Legit Podcast

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Pro. If you have more questions about the legal aspects of podcasting,

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please visit podcastlawforms.com where you can access all kinds of

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podcast specific lawyer generated legal forms and templates that you might need,

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or reach out to me with your questions. Until next time, keep on

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podcasting like a legit podcast pro.