Do I need to disclose affiliate links?

Yes. The FTC requires disclosure of any material connection to a brand, including affiliate relationships. A simple statement like 'This post contains affiliate links — I earn a small commission if you purchase through them at no extra cost to you' at the top of your content is sufficient.

Can I use copyrighted music in my YouTube videos?

Not without permission or a license. Options include: YouTube's Audio Library (free), royalty-free music libraries (Epidemic Sound, Artlist), or obtaining a sync license from the rights holder. Using copyrighted music without permission can result in Content ID claims, demonetization, or channel strikes.

What is the difference between a copyright claim and a copyright strike on YouTube?

A Content ID claim means the rights holder identified their copyrighted material in your video — they can monetize your video, track its stats, or block it in certain countries. A copyright strike is a formal legal request to remove content and is much more serious — three strikes result in channel termination.

Do I need a lawyer as a content creator?

Not on retainer, but having a media or entertainment attorney you can consult is valuable. Key moments to use a lawyer: reviewing contracts over $5,000, responding to copyright claims, receiving a cease-and-desist letter, or if you are sued. Expect to pay $200-$500/hour for a media attorney.

Guide

LegalContent CreatorFTCComplianceUSA

Legal Basics Every Content Creator Must Know (2026 US Guide)

Ignorance of the law is not a defense. As a content creator in the US, you are subject to FTC advertising regulations, copyright law, defamation law, privacy laws, and tax obligations — whether you know about them or not. This guide covers the essential legal knowledge that protects your channel, your income, and your personal assets.

Last updated: February 26, 2026

Step-by-Step Guide

Audit your current disclosure practices

Review your last 10 sponsored posts, affiliate links, and brand mentions. Are you disclosing clearly, conspicuously, and at the beginning of the content? Fix any gaps immediately.

Register your most valuable content

Register your best-performing original videos and content with the US Copyright Office ($65/registration). This enables you to sue for statutory damages and attorney's fees if someone copies your work.

Create standard disclosure templates

Write standard disclosure language for sponsorships, affiliate links, and free product reviews. Use these consistently across all content to build the habit.

Add a privacy policy to your website

If you have a website, blog, or collect emails, add a privacy policy. Free generators like TermsFeed create compliant policies in minutes.

Consult an attorney for your niche

A one-time consultation ($200-$500) with a media or entertainment attorney can identify legal risks specific to your content niche and save you thousands in future problems.

FTC disclosure requirements

The Federal Trade Commission requires you to clearly disclose any material connection to a brand when promoting products or services.

What requires disclosure:
- Paid sponsorships and brand deals
- Free products you received for review
- Affiliate links (even if the commission is small)
- Equity or ownership stakes in companies you promote
- Relationships with brands (employee, investor, family)

How to disclose properly:
- YouTube: Say 'This video is sponsored by [Brand]' in the first 30 seconds AND use YouTube's paid promotion checkbox
- Instagram/TikTok: Use #ad or #sponsored at the BEGINNING of the caption, not buried in hashtags
- Blogs: Disclose at the top of the post, not the bottom
- The disclosure must be clear, conspicuous, and in the same medium as the endorsement (a text disclaimer is not sufficient for a video endorsement)

Penalties for non-disclosure:
- FTC warning letters (first offense, usually)
- Fines up to $50,120 per violation (2026 adjusted amount)
- Both the creator AND the brand can be held liable
- Platform penalties (YouTube and Instagram can remove content or restrict accounts)

Copyright, fair use, and defamation

Copyright basics:
- You own the copyright to content you create the moment you create it — no registration required (but registration enables you to sue for statutory damages)
- You do NOT own copyright to music, images, or video clips others created
- Using copyrighted material without permission is infringement, even if you credit the original creator
- Copyright registration with the US Copyright Office costs $65 online and strengthens your legal position

Fair use (17 U.S.C. Section 107):
Fair use is a DEFENSE, not a right. Courts evaluate four factors:
1. Purpose and character of use (transformative use is favored — commentary, criticism, parody)
2. Nature of the copyrighted work (factual works get less protection than creative works)
3. Amount used (using less is generally better, but even small amounts can infringe)
4. Market impact (does your use reduce the market value of the original?)

Reaction videos, commentary, and criticism CAN be fair use but are not automatically fair use. Each case depends on specific facts.

Defamation:
- Publishing false statements of fact that damage someone's reputation is defamation
- Opinions are protected ('I think this product is overpriced') but false factual claims are not ('This company committed fraud' without evidence)
- Public figures must prove 'actual malice' (you knew the statement was false or recklessly disregarded the truth)
- Private individuals only need to prove negligence
- Truth is an absolute defense to defamation claims

Privacy law and COPPA compliance

Privacy considerations:
- Filming in public places is generally legal, but you may need consent to use someone's likeness commercially
- Each state has different privacy laws — California (CCPA/CPRA) is the strictest
- If you collect email addresses, run a website, or sell products, you need a privacy policy
- HIPAA applies if you share others' health information (relevant for health/medical creators)

COPPA (Children's Online Privacy Protection Act):
- If your content is directed at children under 13, COPPA applies
- You must not collect personal information from children
- YouTube requires you to designate videos as 'made for kids' or 'not made for kids'
- Content marked 'made for kids' cannot run personalized ads, collect comments, or use end screens
- Violations: FTC fines up to $50,120 per violation
- YouTube paid $170 million in 2019 to settle COPPA violations

Best practices:
- Have a privacy policy on your website (free generators available at termsfeed.com)
- If your content could appeal to children, consult an attorney about COPPA compliance
- Be careful about showing recognizable faces of non-public individuals without consent
- Do not share private information about individuals without their permission

Disclaimer: This is general information, not legal advice. Consult a media or entertainment attorney for your specific situation.

Pro Tips

When in doubt, disclose — over-disclosing is never penalized, but under-disclosing can cost you $50,000+ per violation
Fair use is determined case-by-case — do not assume your reaction video or commentary is automatically protected
Keep copies of all brand deal communications and contracts — these are your evidence if a dispute arises
Never make factual claims about a person or company that you cannot prove with evidence — opinions are protected, false facts are not
COPPA compliance is not optional — if your content attracts children, designate it properly or face six-figure fines