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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Children under 18 Selling Online I am setting up an opine

Resolved Question:

Children under 18 Selling Online
I am setting up an opine art gallery where artists can market and sell prints of original artworks. To open an artist account you need a pay pal account to be paid. To get an Paypal account you need to be 18. However, would it be legal for children to advertise and make money from artwork under the age of 18 if a parent or guardian was willing to allow them to use their PayPal account? Also, would it be legal for a teacher to set up an account so students could sell their artwork?
Many Thanks
Sophie
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello Sophie my name is ***** ***** I will help you with this.

Alex Watts :

I do not see why this would be an issue if a parent did it.

Alex Watts :

In effect the parent would be holding the money gained on trust for the child

Alex Watts :

This is because they are incapable of making their own decisions until 18

Alex Watts :

So this should not be a problem for selling artworks etc

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

What about in the case of a teacher? Could they set up a school account for students to sell artwork? (with parental permission?)

Alex Watts :

Yes but I think as you say they need permission

Alex Watts :

The only issue then is who gets the Paypal money.

Alex Watts :

Technically it COULD be seen as money laundering as the teacher is not the intended recipient

Alex Watts :

But of course that is an extreme view

Customer:

The teacher/bursar on behalf of the students I suppose? It would be up to them to pass the funds on to the students/parents or donate the money to charity.

Alex Watts :

That is why ideally it should be the parents to prevent any form of dispute.

Customer:

What about if the school account was set up to raise money for charity?

Alex Watts :

That could work

Customer:

Ok great. Is it possible to provide the legal reference for people being allowed to make money if the money is paid to their parents ? Thanks Sophie

Alex Watts :

There is no Act of Parliament that states this, its a contractual matter between Paypal and the user

Alex Watts :

Therefore is common law

Alex Watts :

Does that clarify?

Customer:

Just to clarify - It is legal for someone under 18 to advertise their artwork online as long as it is their parents that receive the money?

Alex Watts :

Ye

Alex Watts :

Yes

Customer:

Where in law does it say this?

Alex Watts :

There is no law that says this. What we have in the UK is prohibitive law. So if its not prohibited, you can do it

Alex Watts :

Therefore as there is nothing in law that says you can't do it - this means you can

Customer:

Great thank you for your help. Sophie

Alex Watts :

I am happy to help Sophie

Alex Watts :

Can I clarify anything else for you?

Customer:

Thats everything.

Customer:

Thankyou

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