How Creators Rules creators should know
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FTC Endorsement Guides: disclosure of material connections
Exact text, 16 CFR § 255.5(a) (excerpt):
"When there exists a connection between the endorser and the seller of the advertised product that might materially affect the weight or credibility of the endorsement, and that connection is not reasonably expected by the audience, such connection must be disclosed clearly and conspicuously. Material connections can include a business, family, or personal relationship. They can include monetary payment or the provision of free or discounted products (including products unrelated to the endorsed product) to an endorser, regardless of whether the advertiser requires an endorsement in return."
Summary of the text: The section lists examples of material connections (payment, free products, family or business relationships, early access, chances to win prizes) and says a disclosure "does not require the complete details of the connection" but must communicate its nature. Example 11 in the same section describes a blog with affiliate links and says the reviews "should clearly and conspicuously disclose the compensation."
Sources: 16 CFR Part 255 (eCFR) · 16 CFR § 255.5 (Cornell LII) · FTC: Disclosures 101 for Social Media Influencers. Last checked Oct 2026.
Fair use: 17 U.S.C. § 107
"…the fair use of a copyrighted work… for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include— (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work."
Summary of the text: The statute names four factors to be considered. The House Report on the statute notes that "each case raising the question must be decided on its own facts." We do not apply these factors to any specific use.
Sources: 17 U.S.C. § 107 (Cornell LII) · U.S. Copyright Office Fair Use Index. Last checked Oct 2026.
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