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February 20, 2020#

Unraveling Legal Age: The Creative’s Guide to Understanding the Legal Definition of Infant

Describing one with an infantile mind, especially when they are an adult or advanced in years. The word “infant” is usually associated with a young child, a baby almost. Someone who is likely not able to communicate as well as adults do, by any means. Yet only if you are creating ads or marketing collateral does the legal definition of infant start to make sense. It is a term that we – creative executive producers – must know in our back pocket. But do you know what it means?

The legal definition of infant can actually vary from state to state. However, in terms of its overlap with terms more understood from a creative standpoint like “youth,” it mostly refers to those under the age of 18. This could be from 0-17, though in some states there are certain legal rules in age range when it comes to work.

With creative projects involving youth or children, the legal definition of infant matters because there are work and education laws in place designed to protect them based on their age group. This could be as young as two or three years old, where it would become almost impossible for creators to execute a project without balancing the legal and creative aspects of managing youth involvement.

When working on these types of projects, it is important to understand what happens when a project involves an infant, minor, or youth participant. If they are partnered with a brand, both the brand and creative team need to have strict contracts and guidelines in place to perform due diligence. Mainly because the legal obligations will often require an education representative on-board to ensure the minor or youth does not face unnecessary harm. In other words, laws exist to ensure that the business of creating projects doesn’t involve an immoral approach to using youth. Because that’s what it can boil down to for some – a predatory protection from prying eyes.

When it comes to the concept of legal rights and creative freedom, it is a balancing act that should be top of mind. In fact, whether you are working with age-restricted material or not – when bringing a project that involves legalities to life, you should know what protections are granted by the law, and what may not be permitted. For example, you wouldn’t want to sign on a creative union representative to perform in a project if they happen to be union-protected. That would be relevant for the entire process of creating your project. This knowledge then helps you with strategy. Make sense? Therefore, getting creative from a legal standpoint is equally as important.

Other examples of the legal definition of infant include:

While some of this may seem like a stretch, those in our field are quite familiar with this concept and the idea of legal definitions for different terms. Whether it is a youth or industry standard, knowing how to maneuver when dealing with these types of situations is important.

For more information on legal definitions and protections, you can visit Cornell Law School’s Legal Information Institute.

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