Child actors

Chamber005

Chamber005

Carbonite Member
Man -- I just cannot find exactly what I'm looking for anywhere.

Does anyone know the specific legalities of hiring child actors? For instance, if a friend of mine has a nine year old who wants to be in a film I'm doing, so long as my friend is on set when his kid is shooting, is that enough? I can't imagine that every student filmmaker who has ever used his little brother or sister in a student film (or feature) has hired some outside person to monitor the children during shooting.

Anyone here ever had a child in one of their features or shorts?

Thanks!!!!!
 
I'm a little rusty on this particular piece of knowledge but yes, they have to have a legal guardian on set with the child at all times. Technically. Depending on how "official" your production is you can usually skirt this, but it's a good thing just to cover your rear to have someone looking over the child at all times. I've seen these rules broken or bent quite a few times. One shoot I was on the actor was the cousin of a crew member so that wasn't really a big deal. The other was on a student film shoot and the kid's mom left set briefly to go get something from home, not a huge deal. Luckily in both cases the kids were mature enough to stay out of trouble. On SAG productions you're going to have much larger problems and should strictly stick to the rules. Which includes limited hours of work per day, currently 6 i think.
 
Having a guardian on set is only part of the requirements. As a parent of a child actor I have had to educate myself. The requirements differ from state to state. California and NY have the most regulations to protect children. Here are some threads to educate yourself.
For instance:
CHILD ACTORS​
The Child Performer Education and Trust Act of 2003 contains new requirements
regarding: employer certificates and child performer permits; trust accounts;
placing child performer earnings in them; and satisfactory academic performance
of child performers. Under the new law parents/ guardians must obtain permits for
their child perfomers from the State Labor Department.
In addition, parents/guardian must prove they have established a trust account
for their child performers. Part of every child performer's earnings must be withheld
by their employers and placed into a trust account. The Child Perfomer Permit,
known as LS 555, can be obtained online at www.labor.state.ny.us/child/index.htm
or by calling 1-800-HIRE-992.​
9
http://www.labor.state.ny.us/search/search.asp?query=child+actors
http://bbs.backstage.com/eve/forums/a/tpc/f/9611031/m/9461061
http://bbs.backstage.com/eve/forums/a/tpc/f/9611031/m/6061061
Good luck.
I grew up in ChiTown but I was over 18 when I started acting, so I have little to go on from the 60's and 70's.
 
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DadinWestchester said:
Having a guardian on set is only part of the requirements. As a parent of a child actor I have had to educate myself. The requirements differ from state to state. California and NY have the most regulations to protect children. Here are some threads to educate yourself.
For instance:
CHILD ACTORS
The Child Performer Education and Trust Act of 2003 contains new requirements
regarding: employer certificates and child performer permits; trust accounts;
placing child performer earnings in them; and satisfactory academic performance
of child performers. Under the new law parents/ guardians must obtain permits for
their child perfomers from the State Labor Department.
In addition, parents/guardian must prove they have established a trust account
for their child performers. Part of every child performer's earnings must be withheld
by their employers and placed into a trust account. The Child Perfomer Permit,
known as LS 555, can be obtained online at www.labor.state.ny.us/child/index.htm
or by calling 1-800-HIRE-992.​

9
http://www.labor.state.ny.us/search/search.asp?query=child+actors
http://bbs.backstage.com/eve/forums/a/tpc/f/9611031/m/9461061
http://bbs.backstage.com/eve/forums/a/tpc/f/9611031/m/6061061
Good luck.
I grew up in ChiTown but I was over 18 when I started acting, so I have little to go on from the 60's and 70's.
Click to expand...


Hmm. Okay, see this is some of what I've read (and thought was bizarre). I mean, yeah, if I'm Colgate and your kid is doing a Colgate commercial, all the legalities make sense. But let's say you made a video with your camera of your kid...reciting Shakespeare or whatever. And then you sold copies of the DVD. These laws apply?

I'm pretty certain that everyone (and their kids) involved in this project are going to be acting for sandwiches and fruit punch. As I've said before I've seen countless student films where people have used their sisters and brothers and children in their productions (and those films have sometimes ended up as supplemental footage on a DVD). At what point to any kind of legal matters become apparent?

Thanks!!
 
Okay, I think this is answering my question:

Section 250.200 Employers Subject to the Act

An employer becomes subject to the Act by the presence of a minor on the employer's premises performing work, or by the inclusion of a minor on the employer's payroll, or by a minor receiving or having a reasonable expectation of receiving compensation from the employer. Such compensation need not be monetary. For purposes of this Section, compensation shall not include provision of food, clothing and shelter by a parent or a legal guardian.

So, essentially, as long as the children aren't compensated I am not officially employing them. That's how people get away with having kids in their stuff without any legal mumbojumbo.

HOWEVER, I think since in Illinois the laws are pretty lax, I'll make sure to follow them:

Section 250.855 Minors Under Sixteen Appearing in Television or Motion Picture Productions

A violation shall be charged under Section 8.1 of the Act for each minor employed:

a) for whom an employment certificate has not been issued,

b) who performs without the presence of the parent or guardian,

c) who performs in excess of eight hours per day or 48 hours per week, except that minors under seven years of age shall not work in excess of six hours per day or 36 hours per week,

d) who performs in excess of six days in a week,

e) who fails to attend school or receive educational services as provided by the Illinois School Code,

f) who is not provided with a 12 hour rest break at the end of his or her work day and prior to the commencement of his or her next day of work or school,

g) who is not provided with separate and adequate facilities for rest, schooling and recreation.

(Source: Amended at 19 Ill. Reg. 6564, effective May 2, 1995)
 
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Do you feel lucky, well, do you?
Yes, the laws apply no matter what. However, never inforced to my knowledge.
Their compensation is milk and cookies and a copy...
Do you live up to the spirit or letter of the law?
Good luck.
 
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