Cougar Law: Jackie's Legacy And Regular Cars

The Jackie Coogan Law, enacted in 1939, was designed to prevent parents from exploiting their child actors' earnings. The law states that 15% of everything a young actor, model, or voice actor makes must be set aside for them, taken from their gross income rather than net income to protect it from being used to pay chaperones and managers. This law was enacted after child actor Jackie Coogan sued his parents for spending almost all of his earnings, a lawsuit that sparked the law that prevented guardians and parents from having full access to a child performer's earnings.

Who was Jackie Coogan?

John Leslie Coogan, born in Los Angeles, California, in 1914, was an American actor and comedian who began his film career as a child actor in silent films. He is often regarded as the first child star in the history of Hollywood, with his role in Charlie Chaplin's film The Kid (1921).

Coogan was a natural mimic and delighted Chaplin with his abilities. Chaplin cast him in a small role in A Day's Pleasure (1919) and the following year, as the abandoned child raised by his Tramp character in The Kid. In 1922, Coogan was cast in the title role in Oliver Twist, directed by Frank Lloyd.

Coogan was one of the first stars to be heavily merchandised, with Coogan-themed products such as peanut butter, stationery, whistles, dolls, records, coins and figurines. He earned an estimated $3,000,000 to $4,000,000 as a child star. However, when he turned 21 in October 1935, he discovered that his earnings had been squandered by his mother and stepfather, Arthur Bernstein, on luxury items such as fur coats, diamonds and cars.

Coogan sued his mother and stepfather in 1938, but after legal expenses, he received just $126,000 of the $250,000 remaining of his earnings. His lawsuit sparked the 1939 enactment of the California Child Actor's Bill, widely known as the "Coogan Act" or "Coogan Law". This law was the first legal protection for the earnings of child performers, requiring that 15% of a child actor's earnings be set aside in a trust and specifying the actor's schooling, work hours, and time off.

Coogan continued to act throughout his life, earning renewed fame in middle age portraying Uncle Fester in the 1960s television series The Addams Family. He also appeared in other television shows such as Cowboy G-Men, Peter Gunn, The Martha Raye Show, The Outlaws, The Brothers Brannagan, The Andy Griffith Show, and The Red Skelton Show. He was married four times and had four children. Coogan died of heart failure on March 1, 1984, at the age of 69, in Santa Monica, California.

What was the impact of the 1939 Coogan Law?

The Coogan Law, also known as the California Child Actor's Bill, was passed in 1939 to protect the earnings of child performers. The law was named after Jackie Coogan, a famous child actor who earned millions of dollars but discovered upon reaching adulthood that his parents had spent almost all of his money. The law requires that 15% of a child actor's earnings be placed into a trust or "Coogan Account" that they can access when they turn 18. This ensures that a portion of their earnings is safeguarded for when they reach the age of majority and protects them from exploitation and abuse.

The impact of the 1939 Coogan Law was significant and far-reaching. It set a precedent for the protection of child performers' earnings and helped to ensure that they would not be exploited by their parents or guardians. The law also had a practical impact on the entertainment industry, as it required employers to set aside a portion of child actors' earnings and codified issues such as schooling, work hours, and time off.

In addition to its immediate impact, the Coogan Law also had a lasting influence on legislation and industry practices. It has been revised several times since its enactment, with the most recent revision occurring in December 2019. The scope of the law has also been expanded to include other types of child performers, such as models, voice actors, and social media content creators.

The Coogan Law has also inspired similar legislation in other states and countries. For example, Illinois has passed a law protecting the earnings of child influencers, and France has enacted a law protecting child "influencers" on social media platforms.

Overall, the 1939 Coogan Law had a significant impact on the entertainment industry and the protection of child performers' rights. It set a standard for safeguarding their earnings and helped to ensure that they would not be exploited or abused by their parents or guardians. The law's influence has continued to be felt in the decades since its enactment, with revisions and expansions that reflect the changing nature of the entertainment industry and the increasing recognition of the rights of child performers.

How did the Coogan Law change over time?

The Coogan Law, officially known as the California Child Actor's Bill, was first passed in 1939 by the State of California. It was named after famous child actor Jackie Coogan, who discovered as a young adult that his parents had spent the millions of dollars he had earned during his prolific film career. The law was designed to safeguard a portion of child performers' earnings for when they reach the age of majority and protect them from exploitation and abuse.

The original 1939 Coogan Law was flawed, leaving open various loopholes that allowed parents and guardians to access their child's earnings. To address these issues, the Coogan Law has been revised several times over the years. In 2000, changes in California law affirmed that earnings by minors in the entertainment industry are the property of the minor, not their parents. This change also mandated that 15% of all minors' earnings be set aside in a blocked trust account, commonly known as a Coogan Account.

The most recent revision to the Coogan Law was made on December 7, 2019. As it stands, money earned under a contract under the code remains the sole legal property of the minor child. The law requires a child actor's employer to set aside 15% of their gross earnings in a Coogan Account within 15 days of employment. The law also codifies issues such as schooling, work hours, and time off.

In addition to California, only four other states currently have laws analogous to the Coogan Law: Illinois, Louisiana, New Mexico, and New York. However, recent developments have expanded protections to child influencers on social media, with Illinois becoming the first state to pass such legislation in 2023.

What is the Illinois law that protects child influencers' earnings?

Illinois has passed a law to protect the earnings of child influencers, ensuring that they receive a share of the profits generated by their online content. The law, which is an amendment to the state's existing child labor laws, requires that a percentage of the earnings from content featuring children be placed in a trust fund for them. This is similar to the Jackie Coogan Law, also known as the Coogan Act, which was passed in California in 1936 or 1939 to protect the earnings of child actors.

The Illinois law, which went into effect on July 1, 2024, mandates that children age 16 and under be compensated if, within a 30-day period, they are featured in at least 30% of a video or online content for which an adult is being paid. The person creating the content is responsible for setting aside a percentage of the earnings in a trust account for the child to receive at age 18. The specific percentage allocated is based on how heavily the minor is featured in the content, including in stories told about them without showing their image.

The law was inspired by the advocacy of former child influencers and a school project by teenager Shreya Nallamothu, who investigated the lack of protection for child influencers across the United States. Illinois is the first state to pass such legislation, and it is expected to spark similar laws in other states, with Pennsylvania and Washington already considering similar amendments.

The Illinois law focuses on financial compensation for child influencers and does not include protections for their choice to stay off the internet or remove previous content. However, it provides children with the legislative ability to sue their parents if the money is not saved for them. This law recognizes the financial exploitation that child influencers can face and aims to ensure they receive fair compensation for their online work.

How is the Illinois law similar to the Coogan Law?

The Illinois law that protects the earnings of child influencers is similar to the Coogan Law in that they both aim to prevent parents from exploiting their children's earnings. The Coogan Law, enacted in 1939, was designed to protect child actors' earnings after child actor Jackie Coogan sued his parents for spending almost everything he had earned as a child star. Similarly, the Illinois law, which came into effect in July 2024, protects the earnings of "influencers" under the age of 16 by requiring parents to allocate 50% of the earnings from any online content featuring their children into a blocked trust fund for the child.

Both laws recognise the potential for financial exploitation of minors by their parents or guardians and seek to ensure that children benefit directly from their earnings. The Coogan Law stipulates that 15% of a child performer's earnings must be held in trust for them until they reach adulthood. This percentage must come from the performer's gross income, not their net income, to protect it from being used to pay "chaperones" and "managers". While the Illinois law requires a higher percentage of earnings to be set aside for the child, it also recognises that parents play an important role in facilitating their children's online careers and, therefore, allows them to retain a portion of the earnings.

The Illinois law is an amendment to the state's existing child labour laws and is specifically designed to address the lack of protections for child influencers, who are not subject to child entertainer labour laws and are not required to open Coogan accounts in any state. The law was influenced by the school project of 16-year-old Shreya Nallamothu, who found that there were no protections for child influencers and shared her findings with her state senator, who sponsored the bill.

In addition to Illinois, several other states, including California, New York, Kansas, Louisiana, Nevada, New Mexico, North Carolina, Pennsylvania, and Tennessee, have laws similar to the Coogan Act in place. The Coogan Act has also been updated in certain states to reflect the changing nature of the entertainment industry and to include minors who render creative services beyond traditional acting, such as modelling, singing, and authoring.

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