Section 85P1/2. (a) No person shall employ, or exhibit or cause to be exhibited, or to use, or have custody of for the purpose of exhibition, use or employment, a child under the age of eighteen years, nor shall a person who is responsible for the care, custody or control of such child as a parent, relative, guardian, employer or otherwise, exhibit, use, or procure or consent to the use or exhibition of such child, or neglect or refuse to restrain such child from engaging or acting in a public or private place, except as hereinafter provided, whether or not an admission fee is charged and whether or not such child or any other person is to be compensated for the use of such child therein, in the following activities: singing, dancing, playing upon a musical instrument, songwriting, rehearsing, producing or recording a phonograph record or any derivation thereof, modeling, acting in or rehearsing for or performing in a theatrical or musical performance, or appearing in a pageant, as a subject for use, in or for, or in connection with the making of a motion picture film, or in rehearsing for or performing in a radio or television broadcast or program nor shall a person contract with such child as such child's agent in connection with any of the foregoing activities. For the purposes of this subsection, ''agent'' means person entrusted by another whose business it is to acquire employment or engagements, act on behalf of, and represent such child in such foregoing activities.
(b) The provisions of subsection (a) shall not apply to the participation or employment, use or exhibition of a child in a church academy or school, including a dancing or dramatic school, as part of the regular services or activities thereof respectively; or in the annual graduation exercises of any such academy or school; or in a private home; or in any place where such performance is under the direction, control or supervision of a school department; or for recitals given in connection with private instruction associated with a continuing education course of study; or in the performance of radio or television programs in cases where the child or children broadcasting do so from a school, church, academy, museum, library or other religious, civic or educational institution, or for not more than two hours a week from the studios of a regularly licensed broadcasting company, or where the child participates or is employed, used, or exhibited in any motion picture, film, theatrical presentation or radio or television broadcast or program where the child is exclusively used for the temporary purpose of an extra player, where the child is part of a group or background scene, where the child performs as a day player, three day player, weekly player, stunt day player, or on-camera narrator or spokesperson on videotape, audiotape or motion picture film wherein said temporary use accumulates to no more than one hundred and twenty days of collective employment and occurs during hours when attendance for instruction is not required in accordance with law, or where the performance of a child is of a nonprofessional character and occurs during hours when attendance for instruction is not required in accordance with law.
For the purposes of this subsection, an ''extra player'' means a performer who is used for the temporary purposes of an ''extra'' or ''audience'' or ''atmosphere'' where the child is part of a group or background scene; a ''day player'' means a performer who is seen and who may speak a line or lines of dialogue and who is compensated in one day increments; a ''three day player'' means a performer who is seen and who may speak a line or lines of dialogue and who is compensated in three day increments; a weekly player means a performer who is seen and who may speak lines of dialogue and who is compensated in weekly increments; a ''stunt day player'' means a performer who performs identifiable stunts which illustrates or reacts to on or off-camera narration or messages and who is compensated by the day, an ''on-camera narrator or spokesperson'' means a performer who explains, or demonstrates, substantially in monologue.
(c) Notwithstanding the provisions of subsection (a), a child may be employed, used or exhibited in any of the exhibitions, rehearsals or performances set forth in said subsection (a); provided, however, that such employment, use or exhibition takes place pursuant to the provisions of a written contract which has been approved by the probate and family court for the county in which the child resides, where the child is employed or where the child performs or renders his services, or if the child is not a resident of the commonwealth in at least one county where a performance is to take place, or if the child is not a resident of the commonwealth and the employment or performance takes place outside the commonwealth, in the county within the commonwealth where the employer has his principal place of business.
(d) The probate and family court shall have jurisdiction over the following proceeding for contract approval by and between a child entertainer and a contracting entity. The court shall have the power to appoint a guardian of the property to oversee the child's funds. A bond shall be required for an appointment of guardianship under the provisions of this section. The guardian of the minor child shall file a bond pursuant to which the court may, in its discretion, require surety. Such guardian shall render accountings as set forth in section one of chapter two hundred and six.
(1) Said proceeding shall be commenced by verified petition by the child's parent or legal guardian that (i) renders consent and requests that all or a portion of the child's earnings be set aside and (ii) said petitioner is qualified to be appointed limited guardian to oversee the child's funds or, if the court finds the petitioner not suitable, the court may appoint a limited guardian. For the purposes of this section, the terms, guardian of the property and limited guardian, shall refer to the same appointed party.
Said petition shall set forth the full name, residence and date of birth of the child with certified copy of birth certificate affixed, the full name and residence of the petitioner, the full name and business address of the contracting entity, a brief statement as to the child's employment and compensation under the contract, including where services of the child are to be performed, and a statement that the term of the contract during which the child is to perform or render services shall in no event extend for more than three years from the date of approval of the contract.
(2) The court shall ensure that the contract shall contain all the requirements for the rendering of services of the child and that the petition shall include a plan for the protection of earnings thereunder.
The court shall consider the following when determining the protection of earnings:
(i) the interest of the petitioner in the contract or proposed contract or in the child's performance under said contract;
(ii) the parties who are entitled to the child's earnings, and, if the child is not so entitled, facts regarding the property and financial circumstances of the parent or parents or legal guardian or other third party;
(iii) a bank or trust account used expressly for the deposit of fees generated under the contract and the relationship of any proposed trustee of the child's funds;
(iv) the percentage of fees generated which are intended for deposit; and
(v) the child's financial advisor or other third party who shall render investment advice and administer the bank or trust account.
(3) The court shall ensure that the contract shall be limited to a term of three years, inclusive of any extensions by options or otherwise, except for television broadcast or program contracts which shall be limited to a term of five years.
(4) The court in its discretion may appoint a guardian ad litem to represent the interests of the child. The guardian ad litem fee shall be paid by the party contracting with the child. The court shall further ensure that the contract shall provide for the continuing education of the child by way of tutoring services in the event that said child performs or renders his services outside of the commonwealth for a period of time pursuant to section one of chapter seventy-six. Costs for said education shall be provided by the party contracting with the child.
(5) The court shall not approve of any contract executed by the child unless the parent, parents or guardian of the child have assented to such contract, in writing, or the court shall find that the child is emancipated.
(6) Prior to determining whether to approve the contract, the child shall appear personally before the court so that the court may make inquiry of the wishes of the child.
(7) The court shall not approve of any contract unless the criteria expressed in paragraphs (2) to (6), inclusive, of subsection (d) have been complied with.
(e) The approval of a contract by the court shall not exempt the child or any person employing such child from other provisions of law regarding employment of minors.
(f) Court approval of a valid contract shall serve to bind the child as if such child executed the contract personally as an adult; and the child shall be bound to all provisions including the permanent sale of intellectual property rights; provided, however, that such revocation of approval of the contract by the court shall not include the transfer back to the child of intellectual property rights unless there has been a showing of fraud or misrepresentation by the employer; and, provided further, that the probate and family court approving such contract shall retain the authority to revoke approval of the contract, or modify its terms if assented to by both parties, if the court finds that the well being of the child requires such disapproval.
(g) For the purposes of subsection (f), intellectual property rights shall be defined as those rights of copyright and trademark explicitly assigned, licensed or otherwise conveyed in the contract by the child to the contracting entity. Any and all rights of privacy and rights of publicity assigned, licensed or otherwise conveyed by the child to the contracting entity shall transfer back to the child upon such revocation of approval.
Structure Massachusetts General Laws
Part III - Courts, Judicial Officers and Proceedings in Civil Cases
Title II - Actions and Proceedings Therein
Chapter 231 - Pleading and Practice
Section 6 - Assignee of Claim Assigned by Executor or Administrator, Proceedings
Section 6b - Interest Added to Damages in Tort Actions
Section 6c - Interest Added to Damages in Contract Actions
Section 6e - Definitions Applicable to Sections 6e to 6g
Section 6h - Interest on Damages
Section 6i - Interest Rate; Schedule
Section 9 - Action to Recover Possession of Real Property
Section 13b - Ad Damnum or Monetary Amount Claimed
Section 21 - Pleading Following Answer in Abatement
Section 22 - Pleading the General Issue; Evidence
Section 31 - Equitable Defenses
Section 35 - Reply Avoiding Defense in Equity
Section 39 - Real and Mixed Actions at Issue in Land Court
Section 42 - Endorsement of Pleading or Process Before Filing or Entry; Residence
Section 43 - Late Endorsement of Pleading or Process
Section 44 - Endorsement When Plaintiff Removes From Commonwealth
Section 45 - Procuring New Responsible Endorser
Section 47 - Dismissal on Failure to Obtain Endorser
Section 48 - Substitute Endorser
Section 51 - Amendments as to Parties, Process or Pleading
Section 52 - Amendment After Demurrer
Section 59a - Advancing Action for Speedy Trial
Section 59c - Request of Either Party
Section 59d - Speedy Trial of Actions Involving Election Laws
Section 59e - Request of Either Party
Section 59f - Speedy Trial for Persons Sixty-Five Years of Age or Older
Section 59g - Dismissal for Failure to File a Timely Request for Trial; Vacation of Judgment
Section 59h - Strategic Litigation Against Public Participation; Special Motion to Dismiss
Section 60b - Malpractice Actions Against Providers of Health Care; Tribunal
Section 60c - Malpractice Complaints; Ad Damnum Prohibited
Section 60d - Claim by Minor Against Provider of Health Care; Limitations
Section 60e - Malpractice Action; Professional Examination of Claimant
Section 60f - Award of Damages; Elements and Itemization of Amounts
Section 60g - Reduction of Award of Damages; Collateral Sources of Benefits
Section 60h - Limitation of Damages for Pain and Suffering
Section 60i - Attorney Fees; Limitations on Contingency Fees
Section 61 - Filing Interrogatories
Section 62 - Answers to Interrogatories
Section 63 - Rules Governing Use of Interrogatories
Section 64 - Failure to Answer or to Amend or Expunge Answer
Section 67 - Non-Disclosure of Information Not Pertinent
Section 68 - Inspecting Documents
Section 69 - Demand for Admissions; Answer to Demand or Refusal of Admissions; Costs
Section 71 - Motions and Interlocutory Orders
Section 72 - Agreements Regarding Amendments and Trial Procedure
Section 81 - Charges as to Facts, Etc.
Section 82 - Designation of Place of Trial
Section 83 - Interrupting Examination of Witnesses
Section 84a - Consolidation of Actions Involving Same Subject Matter
Section 85 - Comparative Negligence; Limited Effect of Contributory Negligence as Defense
Section 85a - Prima Facie Evidence of Owner's Responsibility for Operation of Motor Vehicle
Section 85b - Action for Consequential Damages; Presumption of Automobile Owner's Responsibility
Section 85d - Imputing Negligence of Parent or Custodian to Infant
Section 85e - Motor Vehicles; Defenses in Subrogation Claims
Section 85f - Imputation of Negligence of Operator of Motor Vehicle to Passenger-Owner
Section 85g - Parents' Liability for Willful Acts of Minor Children
Section 85h - Leased Property; Failure to Return; Conversion; Presumption
Section 85j - Fraud or Deceit in Sale of Personal Property; Treble Damages
Section 85l - Recovery of Damages Against Operator of Motor Vehicle by Guest; Ordinary Negligence
Section 85m - Disclaimers of Liability by Parking Facilities Not a Defense and Void
Section 85o - Contracts; Age of Legal Capacity and Liability in Civil Actions
Section 85p - Age of Majority; Legal Capacity
Section 85p1/2 - Child Performers; Contracts; Court Approval
Section 85q - Standard of Care Owed Children; Maintenance of Artificial Condition Upon Land
Section 85r - Boat Races or Regattas; Liability for Injuries
Section 85s - Physical Alteration or Destruction of Fine Art
Section 85t - Negligence Action for Serving Alcohol to Intoxicated Person Prohibited; Exceptions
Section 85u - Death or Injury to Unlawful Dwelling Occupants; Liability of Lawful Occupants
Section 85v - Sports Program Volunteers' Liability; Definitions
Section 85w - Officers and Directors of Charitable Corporations; Tort Liability
Section 85x - Loss of Consortium of a Dependent Child; Cause of Action
Section 85y - Child Care Facilities; Liability of Owner of Property for Injury or Damage on Premises
Section 85aa - Liability of Registered Rescue Volunteers
Section 85bb - False Claim of Hours Worked Knowingly Submitted by Law Enforcement Officer
Section 87 - Pleadings as Evidence; Effect
Section 88 - Effect of Unaccepted Offer of Judgment
Section 89 - Use at Trial of Answers to Interrogatories
Section 91a - Radio or Television Broadcast; Liability of Owner of Station, Etc.
Section 92 - Truth as Justification for Libel
Section 93 - Retraction of Libel; Mitigation of Damages; Punitive Damages
Section 94 - Evidence in Mitigation of Damages
Section 94a - Probable Cause as Defence in Action for False Arrest
Section 94b - False Arrest; Shoplifting; Defrauding Innkeepers; Defenses
Section 94c - False Arrest; Theft of Public Records; Defenses
Section 95 - Defense to Action on Default Judgment
Section 96 - Relief From Final Judgment; Vacation; Effect of Attachment
Section 97 - Appeal to Superior Court
Section 99 - Deposit in Lieu of Appeal Bond
Section 101 - Record on Appeal to Superior Court; Transmission
Section 102 - Docket Entries on Taking Appeal
Section 103 - Waiver of Jury Trial and Right of Appeal in Cases Brought in District Court
Section 104 - Removal From District Court to Superior Court
Section 104a - Multiple Judgments Specification for Removal to Superior Court
Section 106 - Deposit in Lieu of Removal Bond
Section 107 - Circumstances Making Removal Bond Unnecessary
Section 109 - Appeal to Appeals Court From Appellate Division
Section 110 - Powers of Appellate Division
Section 111 - Report by Single Justice
Section 112 - Report by Single Justice of Supreme Judicial Court
Section 112a - Appellate Proceedings Upon Report; Application of Rules of Appellate Procedure
Section 112b - Objections to Rulings or Orders
Section 113 - Appeal From Final Judgment of Superior Court, Land Court and Housing Courts
Section 114 - Appeal From Final Judgment of Single Justice of Supreme Judicial Court
Section 115 - Disposition of Judgment on Appeal; Stay of Execution
Section 116 - Protective Orders Pending Appeal
Section 117 - Temporary Appellate Relief From Final Judgments Pending Appeal
Section 118a - Appeal From Interlocutory Order for Equitable Relief
Section 119 - Harmless Error; Disposition of Judgment on Appeal
Section 124 - Determination of Questions of Law by Full Court on Appeal
Section 125 - Appellate Court's Powers of Amendment; Additional Testimony
Section 125a - Further Report of Material Facts in Equity and Probate Appeals
Section 130 - Costs on Refusal of New Trial
Section 132 - Error Not Affecting Substantial Rights; Partial New Trial
Section 138 - Amendment of Pleadings; Notice and Hearing Requisite to Bind Certain Persons; Appeal
Section 139 - Representation of Corporate Party by Officer or Agent
Section 140a - Conclusiveness of Consent Judgment in Automobile Case
Section 140c - Settlement or Partial Payment by Insurer as Admission of Liability