Use of Minors
March 1, 2013
USE OF MINORS
The use of children in motion pictures presents logistical and ethical challenges to the
filmmaker and to the Assistant Director in particular. Children working in the
entertainment industry are subject to many unique pressures and demands not the least
of which is that they are working.
Every minute spent on a film set in front of a camera; at rehearsal; in wardrobe fittings
or looping dialogue is a minute not spent being a child. As much as you and I may
derive a great deal of personal satisfaction and even pleasure from the process of
making movies the fact remains that acting in a film is not play – it’s work. When
filmmakers employ minors they must accept moral responsibility for stealing a little bit of
that kid’s childhood. Does that mean we shouldn’t use children in our films? Well, that’s
probably not a very realistic eventuality. What we can do is make absolutely certain that
we do everything in our power as to not only observe the letter of the law, but the spirit
as well.
WHO IS A MINOR?
A minor, by definition, is anyone under the age of eighteen.
STUDIO TEACHERS
As a general rule, in the professional film world a certified Studio Teacher must be
present whenever a minor is working. The term “studio teacher” is often misleading. The
fact is, that teaching is, arguably, the least important of the teacher’s responsibilities.
The term “welfare worker” is sometimes used and is much more appropriate. A Studio
Teacher has the absolute discretion to remove a minor from a production – without any
repercussion – if the Teacher feels that the health, safety and/or moral well- being of the
minor(s) may be compromised. Because of this responsibility for the health, safety and
moral well-being, the Studio Teacher is required even when school is not in session
including weekends.
In addition, the legal guardian or parent of the minor must be present the entire time the
child is working – and within sight and sound of the child. Relatives, neighbors or
babysitters are not legal substitutes – even if they have written permission from the
parent or legal guardian.
INFANTS
If you are using an infant 15 days to six months of age you must also have a Nurse
present on the set. You must also provide an “adequate facility” removed from the
worksite where the baby can eat and/or sleep without being held. An infant of this age
cannot be at the place of employment for more than 2 hours – or work for more than 20
minutes. (Remember, rehearsal time is work time.) An infant cannot be exposed to light
of greater intensity than 100 foot-candles for more than 30 seconds at a time. The use
of infants younger than fifteen days is not allowed.
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Use of Minors
March 1, 2013
A FEW POINTS TO REMEMBER:
Young children have shorter attention spans than adults and they tire quickly.
The work hours of minors are strictly regulated and vigorously enforced. The amount of
hours a child may work are determined by the age of that child. Extension of these
hours is not allowed. There are penalties for violation.
Minors can only be employed for the hours permitted by law. Under no circumstances is
a minor permitted to begin work before 5:00am nor to work past 12:30am.
Given the shorter working hours of children, you must schedule your shooting time
accurately and realistically.
The presence of a minor on the set means you and your crew must conduct yourselves
professionally and responsibly to insure the safety and well-being of those under your
supervision, who are not able to care for themselves.
WORK HOURS OF MINORS
The number of hours a minor may work in any given day are strictly regulated. The
younger the child, the fewer hours they may be employed. Remember, rehearsal is
“work” time--no more than 8 hours in one day of 24 hours, no more than 48 hours in one
(1) week, no earlier than 5 a.m. no later than 10 p.m. on evening preceding school day
no later than 12:30am on an evening preceding a non-school day.
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