The Coogan Law, named for Jackie Coogan, the pioneer young performer, was enacted in 1938 and amended in 2004 to protect young performers’ earnings. Prior to Jackie Coogan’s case, minor children had no legal right to their earned income. The Coogan Law in California and later, New York’s passage of the Child Performer Education and Trust Act of 2003, both mandate that, among other things, trust accounts are required in an effort to protect a child performer’s earnings.

The California Coogan Account
When a minor renders artistic services in the state of California (regardless of the minor’s place of residence) or a California company employs or contracts a minor for artistic services, employers are required to deposit 15% of gross earnings into a “Coogan Account” set up for the minor. With Coogan Accounts, it is important to note that while the parent/guardian will be the trustee on the account, withdrawals from this account are not allowed. At the age of majority (18) in California, or through emancipation, the child will gain access to, and the ability to withdraw from, the fund.

Under California law, a Coogan account must be in place in order to obtain a work permit. Accounts established as Uniform Gifts to Minors Act (UGMA) or Uniform Transfers to Minors Act (UTMA) (see below) will not meet the California requirements under the Coogan Law.

It’s important to note that work permits for minors are void after 10 days unless a Coogan Trust document is attached. For assistance in obtaining work permits, contact On Location Education at 800-800-3378. You may also click here for a state-by-state list of Labor Bureau links.

The New York Child Performer Education and Trust Act of 2003
The state of New York passed this act in 2003 to safeguard both child performers’ earnings and their education rights. In regard to a child performer’s earnings, the Act of 2003 is considered “Coogan-like.”

New York requires that one of three accounts be established for a child performer:
UGMA, UTMA, or a California Coogan Account. The major difference between the three accounts is access. UGMA and UTMA are account structures designed to allow minors to hold property in their name through the use of a custodian who takes legal responsibility for the account (usually a parent or guardian). In this regard, they are similar to a Coogan Account.

Regardless of the type of account established, like the Coogan Law, New York requires that 15% of gross income MUST be deposited by the production company into the account for the benefit of the child. This requirement is placed on work that takes place in New York or from a New York Production Company.

The key difference between the accounts is that UGMA and UTMA allow for withdrawals for child expenses under certain specific conditions while Coogan does not and is therefore considered a blocked trust. The ability to withdraw funds from these accounts does not meet the stringent requirements of the Coogan Law and will not satisfy California Law. Also, if the account reaches $250,000, and is not a Coogan Account, a trust company must be appointed custodian.

Important Points to Note for Parents and Guardians

Parents must comply with the law that coincides with the state of incorporation of the production company and/or the location of the work. Not all states mandate minor performer protection. The key is knowing which state is issuing the work permit since the permit is what requires the proof of account status.

Make sure you provide the right documentation concerning proof of the account, as well as proper deposit instructions. It is responsibility of the custodian or trustee to ensure that proper payment is made to the account. Not all production companies have worked with children and many are not used to meeting all the legal requirements pertaining to child actors.

If payment is incorrect or missing during the acting engagement, contact the production company. If work commenced or the production company is no longer in business, contact the Actors Fund or the New York State Comptroller for UGMA/UTMA accounts to see if payment was made to them for the benefit of your child.

Actors Federal Credit Union provides parents of child performers the ability to open Child Performer Trust Accounts and Coogan Accounts carrying no maintenance fees and no balance requirements, while offering top of the market rates. Full details are available at actorsfcu.com or by calling Member Services at 1-800-2ACTORS (press option 6).

We gratefully acknowledge the significant contribution to this article from John Deyeso, founder of Financial Filosophy, and thank him for his time.

* The information provided here is for reference purposes only and is not intended to substitute for legal counsel. On Location Education is not responsible or liable for the financial condition of any referenced accounts or entities.

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The general dilemma of whether one needs a college education to succeed is an age-old question wrought with statistical analysis. The percentage of Forbes 400 members (Forbes Magazine’s ranking of wealthiest people) with college degrees is 66%, while the percentage without degrees is 33%*. The average net worth of a Forbes 400 member without a college degree is $2.27 billion, while the average net worth for members with a college degree is $2.13 billion* – at that level, one has to wonder, does the extra $140 million really tip the scale? To further cloud the issue, let’s compare the two wealthiest Americans. Warren Buffett, who obtained a bachelor of arts/science degree from University of Nebraska and a MBA from Columbia, has a net worth of approximately $36 billion while Bill Gates, who is a Harvard dropout, has a net worth of approximately $43 billion*. Here again, when you’re counting billions, one wonders if a $7 billion differential lends itself to an argument for either side?

The particular issue of whether to break from the pursuit of an acting career to attend college is a major dilemma with specific considerations for young performers and their parents. We interviewed both academics and industry professionals to gather their opinions and have compiled them here. In talking with our interviewees, the common denominator was that the decision is a very personal one and specific to each student’s current and future circumstances. The general advice to parents and young performers was not to rely on any one opinion but to take their own specific circumstances into consideration and weigh all the options. Below we have assembled the answers to our questions on this very important topic.

1. Do working child actors (in conjunction with their parents) have to choose between college and their performance art career? Can you do one and then the other or is it an either/or situation? Which should come first? Is it different for aspiring child actors?

In Favor of College:

• The ages of 18 to 22 are formative years for youngsters. College will expose students to professors who will change their thinking and alter the way they view the world. Gaining this perspective will only enhance artistic sensibilities in the future.
• Get an education to expand and grow your mind: it is possible it could help someone become a better actor.
• Some actors who don’t go to college are judged for that and ultimately struggle  to prove they are intelligent.
• Some go to college to learn more about the field to see if they really have what it takes to compete.
•  Going to school gives peopel a well-rounded background, which they may be able to fall back on  when opportunity knocks. College for most becomes a horizon-expanding experience that sets a certain standard for dealing with the world.
• For an actor who has been cast in some parts, but has yet to become “hot”,  going to school can help that actor gain experiences to pull from when performing.
• Some actors who don’t earn a degree express regrets and feel less successful.
• Many actors feel that having more life experience to draw from improves their ability to perform. College is increasingly becoming almost a "universal" life experience for many people.
• Being on set, rather than in college, at an age where people are beginning to "spread their wings" and socialize in new, adult ways, can be very isolating.
• Should one choose a college where there are acting courses available, the training is good for those who know they want to be a working artist for their whole life.

The Case for Delaying or Skipping College:

• Youth sells, particularly in Los Angeles, so it is sometimes unwise to spend four years away from acting, particularly when the actor is young.
• Many actors who are "hot," yet still take time off to attend college find it difficult to get parts after graduation.
• For actors who look younger than they are, an older teen can play a younger teen. In this case, it might be wise to delay college if you look young. If the student is actively acting at a peak earning period (17-25 yrs), maybe it’s worth not going to college until later on. (The flip side is exemplified by Jodie Foster who stepped away to attend Yale and has been continually working since she graduated).
• Young performers should ask themselves “What do I really want?” If it’s to be a movie star, go to college for at least a year and then make the case to your parents that leaving college to pursue your dreams is the right move. For theater actors, dancers and singers, most directors don’t care where you went to college; New York classes are the best choice if you want to specialize.
• It’s important to be a well-rounded human being. There are lots of different paths to get there besides college – self study, reading, travel, taking classes to develop one’s personality, passions and interests. One path does not fit all. Directors are looking for someone who is engaging, curious and has a lot going for them. There is often a lot to be said for "the school of life."

2. Is there a way to balance both? Does it behoove them to balance both?

It Depends:

• A lot depends on the particular college in which  a student is enrolled. In some B.F.A. programs, students are matriculating are not allowed to take on professional work. B.A. programs tend to be more flexible. For example, we know of  a B.A. student withdrew from school for a semester because he was cast in Julius Caesar with Denzel Washington. He then returned to school and was later offered the opportunity to sign with an agent and go to Hollywood. He opted to continue his education and graduated. It is important to look into the college and see how flexible they can be for a student who is also balancing a career. Some schools offer distance learning or online courses that count toward a degree and that is another option for someone who is working in the industry.
• Ultimately, when it comes to balancing both college and career at the same time, many students struggle, but it depends on the individual's personality traits and commitment level.

3. Might the college time commitment preclude them from going on auditions thereby prevent them from getting parts?

Yes:

• But, so what? Part of the challenge with this generation is the overwhelming need for instant gratification. Look at the world they live in -- TVs have remotes (they don't have to get up to change the channel) and they have cell phones (they don't have to drive around and look for a pay phone or wonder what’s going on when someone they are meeting is late). But show business is NOT a product of instant gratification. There are no short cuts. It's a long marathon, not a sprint. Decisions should be made in the long-term interest of the student. So, foregoing 4 years of auditioning in the span of an entire career is only a drop in the bucket.
• It’s a four-year commitment with only summers off to do projects. The choice is very different if you’ve attained a certain level of active work.

Maybe:

• Some schools have restrictions on students working full- or even part-time and some are located in areas where an actor couldn’t easily get to auditions and be back for class.
• It is possible to do both but some who take time off, for example, to do a tour, never come back.

4. If one makes the decision to go to college, should a young performer pursue a Bachelor of Fine Arts (B.F.A.) or a Bachelor of Arts (B.A.); and what is the difference?

Facts:

The characteristics of a B.F.A./Conservatory Actor Training program include:

• At a school that offers an acting program, the student can earn a degree while focusing on acting.
• Many schools with strong acting programs go to great efforts to showcase their students for agents and casting directors.
• While general education classes will be required, the focus on them is minimal compared to the fine arts training.
• Studying acting helps a young actor focus on the specifics of their speech, voice, and movements, with professional guidance.
• One drawback is it is difficult for a student in a B.F.A. program to do a dual or double major.
• Finding time for professional work may be difficult, due to the time requirements of the degree program.
• Unlike some other programs, continued study, in most cases, (such as obtaining an M.F.A). is not necessary for success.

The characteristics of a B.A./Theater Arts program include:

• This type of degree provides a more well-rounded liberal arts education, providing the student with a more general foundation related to the arts.
• Double majors, or areas of minor study are possible and often encouraged for more abitious students.
• There are more opportunities to study abroad in a B.A./Theater Arts program.
• The education is more flexible; students find it easier to explore subjects outside of their areas of specialization.

Opinions:

• The B.F.A. isn’t going to get you the job if you can’t act. Do you only want to learn the trade or also to learn about yourself and explore other interests and obtain general knowledge? If you have your druthers, take private lessons with a great private acting coach and study a subject in school that could be a second career. Take electives like languages so you can do accents and create a bag of tricks
• Be careful about the people who are telling you how to act but have never acted themselves. Protect your spark and ensure you go to a school that will nurture that. You have to decide what your college goal is - liberal arts to broaden yourself or intensive training in your performance area. If it’s training – take classes in NY
• The B.A. is for those who are not quite sure, have some interest in arts, or are multi-talented. A B.F.A. is for those who know they want to do this professionally and know exactly what area of the arts they fall into
• The B.A. is more important because it’s broad-based to help students obtain life experience -- and itheatre is about the world. Many child actors choose the B.A. because they already have some acting experience.
• The choice is particular to the institution. Do as much research as you can by speaking to students and faculty and finding out the list of alumni. Research the faculty and their process for evaluating students.
• Both types of degress help young performers develop life skills and provide them with training that applies to various job skills. In both programs, students will gain skills in working collaboratively, writing, human psychology, and self-expression.

10 Things Employers Want You to Learn in College:

• A strong work ethic
• Physical skills (typing, etc.)
• Verbal communication skills
• Written communication skills
• The ability to work well with others
• Leadership
• How to gather and process information effectively
• Quantitative skills
• How to answer -- and ask --  the right questions
• Problem-solving skills

We gratefully acknowledge the contributions of our interviewees and thank them for their time:

Jim Clark, Syracuse University
Kevin Farrell, Aprani Music
Kathy Hood, The Juilliard School
Marshall Jones, Rutgers University
Charles Richter, Muhlenberg College

* Sources: Forbes, Chronicle of Education, U.S. Census Bureau, National Center for Education Statistics

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The emancipation of a minor refers to the process of freeing a minor from parental control. A minor constitutes a child under an age set forth by the state of residence of the minor. In many states, that age is 18. Not all states have the same terms and conditions. For instance, some states allow emancipation at an age as young as 14 (California among them); others not until 16, although some have no age restriction at all. Some states allow emancipation orders to include education and child labor laws; others, by enumeration (including California), do not. Also, the states' statutes vary with regard to the age of consent, which, under the penal code, would impact the staging of sexual situations involving minors.

Nineteen states (Arizona, Arkansas, Delaware, Georgia, Idaho, Indiana, Iowa, Kentucky, Minnesota, Missouri, Nebraska. New Jersey, New York, North Dakota, Ohio, South Carolina, Tennessee, Wisconsin) and the District of Columbia do not have emancipation status. Emancipation, however, is referenced by the Uniform Interstate Family Support Act (UIFSA), which is primarily aimed at regulating promulgation of child support but does include emancipation. Under UIFSA, to which all 50 states, DC, Puerto Rico, the VI, Guam and American Samoa subscribe, any state is obligated to accept the terms and conditions of any other state's relevant family court orders. Thus, emancipation orders from one state will be unconditionally accepted in any other state.

Once a minor is emancipated, the parent is no longer legally responsible for the child’s actions. The emancipated status permits a child to make their own living arrangements, apply for a work permit, manage their own health (including providing consent for medical treatments), ensure their own education, self-regulate their behavior, enter into contracts, sue and be sued, and manage their own finances (which are released from parent control). Emancipation can be partial (for a period of time, for a special purpose, or in order to make a significant decision) or complete (the parent’s responsibility is absolved in totality).

Courts often grant emancipation status in situations where the minor enters the military, a minor gets married, the parent is abusive, neglectful or fails to financially support the child or a parent irresponsibly spends the income of a working minor. Alternatives to emancipation include family counseling, mediation, seeking public or private agency support, informal arrangements between children and parents, and children living with other adults (family or otherwise).

We gratefully acknowledge and thank Michael Harrah for his contribution to this article.

Click here to read the information on Denise Simon's Actors Workshop

Click here to read the information on Denise Simon's Actors Workshop.

 There is a long history of young performers working in show business and it is important for parents to understand the intricacies associated with both the history and how the industry addresses the needs of young performers today. One such resource is the Screen Actors Guild Web site section for young performers. Click here for information from SAG on young performers orientation meetings, details on laws and protecting your child in cyberspace.

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When the on-set SAG representative asks the question, “How is everything?” there are many answers you can give. The mother of a child actor advises against simply answering “fine.” According to her, when s/he asks that question, the SAG on-set monitors are really asking you:

• Has your child been asked to work overtime?
• Is your child getting adequate rest periods?
• Is s/he being tutored in an effective manner?
• Has s/he been asked to do stunts?
• Are they permitting you [as the parent] to be within "sight and sound" of your child at all times?
• Has your child been provided an appropriate dressing room area?

It’s important for parents of young performers to be prepared with a response that speaks to the SAG regulations regarding employment of minors. If parents are timid about reporting violations to the SAG Rep, they should immediately call the child's agent or manager, who can remedy any on-set problems on their behalf.

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Your child has booked a role and it starts in two days. Great! But what do you do about school? The key is to be prepared ahead of time and create a "Homework on the Go Bag," or "HGB," with the school's input. This will ease the stress and send a message to your child that prioritizing one's education while working is paramount.

To create a HGB:

• Ask your child to prepare a checklist of all the materials needed for school, categorized by subject/course (if your child doesn't know how to write yet, you can write it while s/he dictates). Include at least each textbook, each workbook, any computer software, reference lists, homework lists, course outlines, writing supplies, art supplies, science supplies, notebooks, calculators, etc.). Refer to this list when your child books a last minute part to help gather your supplies for the HGB.
• Choose, or buy if needed, a special backpack that will be earmarked as the HGB and find an easily accessible location in which to store it. The size should coincide with approximately how many items from the content list above need to be packed at one time. Consider the newer ones with wheels if you think the contents will be heavy.
• Refer to the list and gather, or buy, the common supplies needed for most classes (pens, pencils, paper, calculator, etc.) and with your child, place those items in the HGB for permanent storage. Consider purchasing a second set of textbooks to keep at home. While this will be an added expense, it can relieve last minute scrambling and lugging of heavy books and many will find it's worth the additional cost. Keep the second set of books easily accessible and place them in the HGB when needed.
• Talk to your child's teachers and let them know your child attends auditions and may be hired for a role for which s/he will be required on set the next day. Tell them you'd like their help in ensuring that your child keeps up with schoolwork. Ask the teachers if they could be available by e-mail (or cell) to obtain assignments in the event the booking occurs when school is closed. Ask your child’s teachers if they're willing to receive e-mails from set teachers to coordinate homework assignments. Show the teachers the supply list that you and your child put together and ask if you've left anything out. Ask for their suggestions as to what should be kept at home in case the child is out of school for a booking.
• Inform the set teachers that your child has a HGB and is prepared with the supplies and assignments necessary for completing homework. If you've gotten approval from the school teachers, let the set teachers know they can email or call the school teachers with questions. Set teachers will be grateful for your preparation and will work with you to better your child's on-set education.

While it is ideal to have a HGB prepared ahead of time, one can be created on the spur of the moment. The bottom line: be prepared and don't feel you have to do it alone. With a little preparation and input from your child and his/her teachers, you can help your child stay on track and keep up his/her academics.

 Self-submits to casting directors can be extremely dangerous. Be cautious of Craigslist and My Space casting calls as these Web sites do not screen listings and anyone can claim to be a producer, agent, or manager.

The Screen Actors Guild (SAG), in cooperation with Ford Models and other agencies, partnered with the New York State Consumer Protection Board to launch a campaign to make young people and their parents aware of scams and the true facts about modeling and talent services. 

Should you come across a suspicious online casting post or want to report other suspicious computer-related activity, click here to contact the Internet Crimes Against Children (ICAC) Task Force Program program in your area. The Task Force was created to help state and local law enforcement agencies enhance their investigative response to offenders who use the Internet, online communication systems, or other computer technology to sexually exploit children. The program is currently composed of 46 regional task force agencies and is funded by the United States Department of Justice, Office of Juvenile Justice and Delinquency Prevention. Please note: these sites do not necessarily address issues relating to children in the entertainment industry, but rather provide general information about safeguarding against computer predators.

For more information on this topic, click here for the Crimes Against Children Research Center (CCRC), whose purpose is to combat crimes against children by providing high quality research and statistics to the public, policy makers, law enforcement personnel, and other child welfare practitioners. Time Warner Cable has created a great “Cyber Safety Guide” addressing e-mail, Instant Messaging, social networking and other online tools in which children are involved. And, you may want to visit the Federal Trade Commission Web site, chock full of information devoted to protecting kids’ privacy on the Internet.

 The Screen Actors Guild (SAG) works to protect young performers’ safety and wages. Their Web site has some of the information needed for parents and young performers to make their way through the industry

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