What is a Coogan's Law for Child Actors, Musicians and Directors?
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COOGANS LAW EXPLAINED
In this episode of Litigation Whiteboard®, Attorney Steve®, California IP and Entertainment Lawyer discusses the "Coogan Account" named after child actor Jackie Coogan, who later played "Uncle Fester" in the Adams Family.
These accounts require that at least 15% of a child's entertainment earnings be placed in a Coogan Trust Account for safe keeping when the child reaches the age of 18 (emancipation). At that time, a petition to terminate the Coogan account can be made, and the child actor, director, choreographer, or another creative talent, can retain the funds as their own and do as they please with the money (for example, invest in stocks or real estate, or even buy a new Porsche car if they have enough money).
The trustee under the trust has "fiduciary duties" owed to the child, the beneficiary of the trust funds. Any mismanagement can be grounds for a lawsuit. However, it is important to speak to a California entertainment lawyer as soon as possible to preserve the statute of limitations. Friends and even parents and guardians have been known to raid these trust funds leaving their kids with literally nothing. Some call this an act of child abuse.
Here is a video of the great Jackie Coogan: https://youtu.be/5uT5MQax028
Here is the Unclaimed Coogan accounts with Actor's Fund (search, you may be owed money): https://unclaimedcoogan.org/
Petition to terminate and withdraw Coogan funds: https://www.courts.ca.gov/documents/mc357.pd
California Labor Code § 1700.37 states:
A minor cannot disaffirm a contract, otherwise valid, entered into during minority, either during the actual minority of the minor entering into such contract or at any time thereafter, with a duly licensed talent agency as defined in Section 1700.4 to secure him engagements to render artistic or creative services in motion pictures, television, the production of phonograph records, the legitimate or living stage, or otherwise in the entertainment field including, but without being limited to, services as an actor, actress, dancer, musician, comedian, singer, or other performer or entertainer, or as a writer, director, producer, production executive, choreographer, composer, conductor or designer, the blank form of which has been approved by the Labor Commissioner pursuant to Section 1700.23, where the such contract has been approved by the superior court of the county where such minor resides or is employed.
Such approval may be given by the superior court on the petition of either party to the contract after such reasonable notice to the other party thereto as may be fixed by said court, with the opportunity for such other party to appear and be heard.
Call us if you need help with minor contracts, a Coogan case, representation of your child star, or other California entertainment law matters or social media "kidfluencer cases:"
We can be reached at (877) 276-5084.
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