Customer content can be a brand’s most persuasive marketing. A review, unboxing video, or photo can communicate more effectively than an ad. But just because a customer posts content publicly does not mean your business has the right to reuse it.

The short answer: to use customer reviews, testimonials, and user-generated content legally, get the creator’s permission in writing, use the content without distorting it, and disclose any payment, free product, or other perk you provided. Federal law also bars fake and sentiment-conditioned reviews, review suppression, and contract terms that gag customers’ honest reviews.

What Counts as User-Generated Content?

User-generated content (UGC) is material created by customers or other users rather than the business. It includes written reviews, ratings, testimonials, social media posts, photographs, videos, unboxing clips, and customer-submitted articles. The key question is the same for each: does the business have the right to copy, modify, publish, or use the content for commercial purposes?

Who Owns Customer Photos, Videos, and Reviews?

A customer who shares a photo of a product they bought from you has not transferred any ownership rights to you. Under 17 U.S.C. § 201(a), copyright vests initially in the author, so the person who took the photo, shot the video, or wrote an original review generally owns it.

Permission comes in two basic forms. A non-exclusive license lets you use the content while the creator keeps ownership. An assignment or exclusive license is a transfer of copyright ownership, and under 17 U.S.C. § 204(a) it is not valid unless it is in a writing signed by the owner. For most UGC campaigns a non-exclusive license is enough, but get it in writing so you can prove its scope.

Using content without permission can lead to a copyright dispute. A creator can send a DMCA takedown notice to the platform hosting your post, which can mean removal and strikes against your account. If the work was registered in time, the creator may also seek statutory damages of $750 to $30,000 per work, and up to $150,000 for willful infringement (17 U.S.C. §§ 412, 504(c)). Cropping out a watermark or the creator’s name can create separate liability for removing copyright management information under 17 U.S.C. § 1202(b).

Platform terms do not solve the problem. Social media terms generally grant a license to the platform itself, not to other users or brands, and a built-in share or repost feature is not permission to use content in a paid ad or on your website.

Using a Customer’s Name, Face, or Personal Information

A testimonial may also contain a person’s name, image, voice, health or financial details, or other personal information. Many states recognize a right of publicity that restricts using someone’s identity for advertising without consent. California Civil Code § 3344, for example, allows a person whose name, photograph, or likeness is knowingly used in advertising without prior consent to recover at least $750 or actual damages. New York Civil Rights Law §§ 50 and 51 require written consent to use a living person’s name, portrait, picture, likeness, or voice for advertising or trade, and they allow injunctions and damages. For more on these claims, see our overview of misappropriation of the right of publicity.

FTC Rules for Customer Reviews and Testimonials

The FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (16 C.F.R. Part 255), revised in 2023, apply when you feature customer reviews in marketing:

• Material connections must be disclosed. Payment, free or discounted products, or other benefits the audience would not expect must be disclosed clearly and conspicuously (§ 255.5).
• Incentivized reviews need disclosure. The Guides’ examples say incentivized reviews should disclose the incentive, and that incentivized reviews materially inflating an average star rating may require a separate disclosure.
• “Results not typical” is not enough. If a testimonial describes results consumers generally will not achieve, the ad must clearly and conspicuously disclose the generally expected performance (§ 255.2(b)).
• No distortion. Endorsements may not be presented out of context or reworded to distort the endorser’s opinion, and advertisers should not suppress, boost, or edit reviews to distort what consumers think (§§ 255.1(b), 255.2(d)).

The FTC’s Trade Regulation Rule on the Use of Consumer Reviews and Testimonials (16 C.F.R. Part 465), effective October 21, 2024, adds enforceable prohibitions and allows courts to impose civil penalties for knowing violations. The rule prohibits:

• Fake reviews and testimonials, including AI-generated reviews or reviews by people with no actual experience with the product (§ 465.2).
• Providing compensation or incentives conditioned, expressly or by implication, on a review expressing a particular sentiment, positive or negative (§ 465.4).
• Undisclosed insider reviews and testimonials by officers, managers, employees, or agents (§ 465.5).
• Company-controlled review websites that claim to be independent (§ 465.6).
• Review suppression, such as unfounded legal threats or intimidation to remove a review, or hiding negative reviews while implying the displayed reviews are all or most of them (§ 465.7).
• Buying or selling fake followers, views, or other indicators of social media influence (§ 465.8).

The Consumer Review Fairness Act (15 U.S.C. § 45b) also voids form-contract terms that restrict customers from posting honest reviews, penalize them for doing so, or require them to transfer intellectual property rights in their reviews. A form contract may take a non-exclusive license to review content, but not ownership. The FTC has pursued review hijacking and manipulation cases.

Practical Steps for Using UGC Legally

Businesses can reduce risk by following a consistent approval process:

• Request written permission. Ask the creator for permission and say where the content might appear, such as social media, websites, print, or paid ads.
• Use clear forms. A campaign form or click-through process should state whether you receive a license or ownership, how long it lasts, whether editing is allowed, and whether the creator’s name and likeness may be used. Do not bury a rights grab over reviews in your standard terms of sale.
• Keep records. Save the original request, the creator’s approval, the exact content used, and any agreed restrictions.
• Protect sensitive information. Avoid publishing personal details unless the creator has given informed consent.
• Follow FTC disclosure rules. If a customer receives payment, free products, discounts, or other benefits for an endorsement, disclose it clearly and conspicuously. Paid creators raise the issues covered in our guides to influencer marketing and FTC disclosure rules and FTC rules for influencers.
• Review platform rules. Instagram, TikTok, YouTube, and other platforms have their own policies on reposting and branded content. They add obligations but do not grant you rights in another user’s content.
• Keep reviews honest. Do not condition incentives on positive reviews or hide negative reviews based on their rating.

What to Do If a Creator Objects

If a creator later objects, respond promptly and pull the content while you review your permission records. If you receive a takedown notice, our guide on what to do after a DMCA takedown notice explains your options. Seek legal advice if the dispute involves a payment demand, an infringement or publicity claim, or a threat of litigation.

Frequently Asked Questions About Using Customer Content

Can I repost a customer’s Instagram or TikTok photo of my product?

Not safely without permission. The customer who took the photo usually owns the copyright, and posting it on a social platform generally grants a license to the platform, not to your brand. Ask the creator for written permission that covers where and how you will use the image, and keep a record of their approval.

Can I pay customers or give them free products for reviews?

Yes, with limits. Under 16 C.F.R. § 465.4, a business may not offer compensation or other incentives conditioned, expressly or by implication, on a review expressing a particular sentiment, positive or negative. You can offer an incentive for an honest review, but the FTC’s Endorsement Guides say the incentive is a material connection that should be clearly and conspicuously disclosed.

Can I edit a customer testimonial before I publish it?

You can trim a testimonial for length or clarity, but under the FTC’s Endorsement Guides you may not present it out of context or reword it in a way that distorts the customer’s opinion or experience. If a testimonial describes unusually strong results, the ad should also clearly disclose what results consumers can generally expect.

Can my terms of service stop customers from posting negative reviews?

No. The Consumer Review Fairness Act, 15 U.S.C. § 45b, voids form-contract provisions that restrict customers from posting honest reviews, penalize them for reviewing, or require them to transfer intellectual property rights in their review content. Businesses may still take a non-exclusive license to use review content, and may still remove content that is defamatory, harassing, or reveals trade secrets or personal information.

Do I need a license or an assignment to use customer content?

For most marketing uses, a non-exclusive license is enough and is easier to obtain. A license can be granted informally, while an assignment or exclusive license is a transfer of copyright ownership that must be in a signed writing under 17 U.S.C. § 204(a). Either way, the permission should spell out the media, duration, territory, editing rights, and whether the customer’s name or likeness may appear.

Contact the Ecommerce and Compliance Attorneys at Revision Legal

Before reusing customer reviews, testimonials, photos, or videos, contact the experienced Ecommerce and Compliance Lawyers at Revision Legal to reduce infringement risk and build a UGC marketing process tailored to your business. You can contact us through the form on this page or call (855) 473-8474.