Summary:

Gordon Firemark, The Podcast Lawyer™, addresses a viewer's question about having a minor as a co-host on their podcast. This episode covers the enforceability of minors' contracts, the sufficiency of parent signatures, the court-approval process in various states, and other significant legal and business concerns when working with minors in media and entertainment. Additionally, we discuss Leonardo DiCaprio's early career and the impact of voiding his contracts as a minor.

Key Points:

1. Enforceability of contracts with minors.
2. The role and sufficiency of parent signatures.
3. States offering court approval for minors' contracts in entertainment.
4. Additional legal and business considerations (labor laws, education requirements, safety, and privacy).
5. Leonardo DiCaprio's early career example and its legal implications.

Call to Action:

For more legal advice and podcast-specific legal forms, visit PodcastLawForms.com.

Follow Us:

• YouTube: https://youtube.com/gfiremark
• Twitter: https://twitter.com/gfiremark
• Instagram: https://instagram.com/gordonfiremark

Contact:

For legal consultations and more information, visit https://firemark.com

Hashtags:

#Podcasting #LegalAdvice #MinorsInMedia #PodcastLaw #EntertainmentLaw #GordonFiremark #ThePodcastLawyer #LegitPodcastPro

No minor issue working with kids in podcasting.

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

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

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

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

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

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

definitely want to get right if you do it.

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

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

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

an area filled with potential pitfalls and legal nuances,

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

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

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

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

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

also cover a few other legal business considerations to think about

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

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

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

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

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

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

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

might be something other podcasts have or are considering.

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

podcasters ought to think about as they expand their content

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

can seem very straightforward, there are often hidden

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

other slightly out of the ordinary,

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

with minors. Generally speaking, contracts with

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

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

can typically do that without legal consequences. That's

because the law recognizes that minors may not fully

understand the implications of a contract and, therefore,

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

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

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

he voided some of those agreements, making it impossible to

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

is a perfect example of the complications that can arise

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

landscape. So are parent signatures enough if the

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

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

of and they consent to the minor's participation,

but this alone may not be sufficient to really

provide full legal protection. Parents can consent on

behalf of their minor children, but there are limits to

what they can legally agree to. For

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

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

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

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

consent, it doesn't entirely eliminate the risk

of the minor later backing out or challenging the agreement at

some other time. So it is a worthwhile

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

be sufficient. So, in

some states, especially those with a robust entertainment

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

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

not a requirement, but getting court approval can render

the contract fully binding and enforceable even though one

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

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

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

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

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

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

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

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

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

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

reasonable. Next, you file the petition with the appropriate

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

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

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

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

county where the minor resides or will where the work is

going to be performed. Now in addition to

this petition, the court usually requires some supporting documents

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

work permit. California also requires proof of something called a

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

safeguards a portion of the minor's earnings until they

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

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

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

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

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

interested parties. During that hearing, the judge will evaluate

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

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

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

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

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

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

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

issue a court order, and that makes the contract binding

and enforceable. So by understanding these processes

and the nuances, you can better navigate the legal landscape

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

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

minor and the producer of the show. Now beyond

contracts, there are some other significant legal and business

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

labor laws. Most states have specific labor laws that

address minors, restrictions on their working hours and conditions.

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

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

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

compliance with these laws is critical to avoid legal

trouble. Education requirements. You also

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

interfere with their education. Some state states require

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

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

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

from the regular school during normal school

periods. So keep that in mind. Safety

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

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

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

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

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

friendly environment that fosters creativity while also

ensuring their protection. Number 4 is privacy

concerns. Protecting minors' privacy is important.

Be mindful of the information shared about the kid and ensure

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

given for those disclosures, especially when there are personal

details. This includes being cautious about sharing where they

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

information that might be made public by the episode.

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

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

is Leonardo DiCaprio. And as a young actor,

DiCaprio participated in several student film and experimental film

projects under agreements that were made while he was still a

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

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

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

resulted in challenges for the filmmakers who had investments in their

projects that they could no longer distribute or profit from

without a renegotiation with DiCaprio, who is now an established

czar. Well, this situation underscores the potential pitfalls

of working with minors in the entertainment industry. If those

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

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

taking additional legal steps like seeking court approval can be

important. These steps can save you from potential disputes

and ensure that your project remains viable and legally sound.

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

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

the legal landscape carefully, ensure you have the necessary

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

available, and always prioritize the minor's safety and

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

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

decisions and avoid potential legal headaches.

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

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

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

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

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

podcasting like a legit podcast pro.