Can You Use Customer Photos, Reviews Or Testimonials In Your Marketing?

A customer has just left a glowing review. Or maybe they've tagged your business in a photo using your product, and it's exactly the kind of content you'd love to share.

Customer reviews, testimonials and photos can be some of the most effective forms of marketing. They help build trust, add credibility and show potential customers what it's really like to buy from your business.

But before you repost that photo or feature that testimonial on your website or social media, it's worth asking: can you actually use it?

The answer isn't always straightforward. Depending on how the content was created and how you plan to use it, issues such as copyright, privacy, consent and Australian Consumer Law may all come into play.

In this article, we'll explain when you can generally use customer content, when you should ask for permission, and the legal issues businesses should keep in mind before including customer photos, reviews or testimonials in their marketing.

Why Customer Content Is So Valuable

Customer content can be one of the most valuable marketing tools available to a business. Whether it's a glowing review, a customer testimonial or a photo of someone using your product, authentic content created by real customers often carries more weight than traditional advertising.

Think about your own buying habits. Before purchasing a product, booking a service or choosing a restaurant, you've probably looked at reviews, testimonials or customer photos to help make your decision. Research consistently shows that consumers place significant weight on the experiences and recommendations of other customers, making this type of content a powerful way to build trust and credibility.

It's no surprise, then, that businesses often want to share positive customer experiences with a wider audience. Featuring genuine reviews, testimonials and customer photos can help showcase your products or services, strengthen your reputation and encourage potential customers to choose your business.

However, before you repost a customer's photo or feature their review in your marketing, it's worth asking an important question: do you actually have the legal right to use it?

The answer isn't always straightforward. While customer content can be incredibly valuable, businesses also need to consider issues such as copyright, privacy, consent and Australian Consumer Law before using it as part of their marketing strategy.

Who Actually Owns Customer Content?

Just because a customer posts about your business doesn't automatically mean you can use their content however you like.

Many business owners assume that if a customer tags their business on social media or leaves a public review, they're free to reuse that content in advertisements, on their website or across their marketing materials. In reality, the customer will often own the copyright in original content they create, such as photographs, videos and longer written testimonials. This means businesses shouldn't assume they can simply copy and republish that content without permission.

It's also important to distinguish between sharing and republishing customer content. Using a platform's built-in sharing or reposting features may be treated differently from downloading a customer's photo and using it in a paid advertising campaign, on your website or in printed promotional material. Different legal considerations may apply depending on how the content is used.

Copyright isn't the only issue to consider, either. Businesses should also think about privacy obligations, the terms of the platform where the content was originally posted, and whether the way a review or testimonial is presented could be misleading under Australian Consumer Law.

Understanding who owns customer content - and when permission may be needed - is the first step towards using it confidently and reducing the risk of legal disputes.

Does A Public Social Media Post Mean You Can Repost It?

Just because a customer has shared something publicly doesn't necessarily mean it's yours to use.

Imagine a customer visits your café, posts a photo of their meal on Instagram and tags your business. It's great publicity, and you might be keen to share it with your own audience. But while the post is publicly visible, that doesn't automatically mean you can download the photo and use it as part of your own marketing.

The way you use customer content matters. Sharing a post using a platform's built-in features may be different from downloading the image and using it on your website, in an email campaign or in a paid advertisement. Different legal considerations can apply depending on how the content is used and the platform's terms.

If you're planning to use customer content beyond simply interacting with it on social media, asking for permission is usually the safest approach.

When Should You Ask For Permission?

As a general rule, it's a good idea to ask for permission whenever you want to use customer content to promote your business, particularly if it will appear outside the platform where it was originally posted.

This includes using customer photos, videos or testimonials on your website, in paid advertising, email marketing campaigns, brochures or other promotional material. Obtaining permission helps reduce the risk of disputes and ensures everyone is clear about how the content will be used.

You don't necessarily need a lengthy legal agreement. In many cases, a simple written message confirming that the customer is happy for you to use their content for your marketing will be enough. Keeping a record of that permission can also be helpful if questions arise later.

If you're running a competition or encouraging customers to submit photos or videos for promotional purposes, it's also worth having clear terms and conditions explaining how that content may be used.

Can You Use Customer Reviews, Testimonials And Photos?

The short answer is yes - but it's important to use them fairly, accurately and, where appropriate, with the customer's permission.

Reviews, testimonials and customer photos can be a powerful way to build trust and showcase your products or services. However, once you've obtained any necessary permission to use the content, the next step is making sure you present it honestly.

Minor edits, such as correcting obvious spelling mistakes, resizing or cropping a photo, or shortening a testimonial for length, may be acceptable, particularly where the customer has agreed. However, you should avoid making changes that alter the overall meaning of the customer's experience or create a misleading impression.

For example, imagine a customer leaves the following review:

"The food was fantastic, although the service was a little slow."

Quoting only "The food was fantastic!" in your marketing could, depending on the circumstances, give a different impression from the customer's overall feedback. Similarly, heavily editing a customer's photo or using it in a completely different context from what they originally agreed to could create legal or reputational issues.

As a general rule, customer content should reflect the customer's genuine experience and be presented in a way that is fair, accurate and transparent.

What Does Australian Consumer Law Say About Customer Reviews And Testimonials?

When businesses use customer reviews or testimonials in their marketing, they also need to comply with the Australian Consumer Law (ACL).

The ACL prohibits businesses from engaging in misleading or deceptive conduct and from making false or misleading representations. In practice, this means customer reviews and testimonials should accurately reflect genuine customer experiences and shouldn't be presented in a way that is likely to mislead potential customers.

For example, businesses should avoid:

• Creating or publishing fake reviews;
• Asking employees, friends or family members to leave reviews without disclosing their connection to the business;
• Editing reviews so they say something materially different from the customer's original feedback;
• Selectively presenting reviews or testimonials in a way that creates a misleading overall impression; or
• Paying customers or influencers for positive reviews without making any required disclosures.

The ACCC has published guidance on online reviews and has taken action against businesses that manipulate customer feedback or create false impressions about their products or services. This includes practices such as publishing fake reviews or presenting customer feedback in a misleading way.

Ultimately, customer reviews and testimonials should help consumers make informed decisions - not give them an inaccurate picture of your business. If you're using customer feedback as part of your marketing, it's worth reviewing how it's presented to ensure it accurately reflects your customers' experiences and complies with Australian Consumer Law.

Are There Privacy Considerations?

Depending on how you use customer content, privacy laws may also come into play.

A customer photo, testimonial or review may contain personal information, particularly if it identifies an individual by name, image or other identifying details. If your business is subject to the Privacy Act 1988 (Cth), you'll also need to consider your privacy obligations when collecting, using or disclosing that information.

Extra care should always be taken where children appear in photos or videos. If you plan to use content featuring a child as part of your marketing, it's generally best to obtain permission from a parent or guardian before doing so.

Even where privacy laws don't strictly apply, asking for permission before using someone's image or personal information is often good business practice and can help maintain trust with your customers.

What If A Customer Later Wants Their Content Removed?

Receiving permission to use customer content isn't always the end of the story. Sometimes a customer may later ask you to remove their photo, review or testimonial from your website, social media or other marketing materials.

Having a clear written record of what the customer agreed to - including where and how their content could be used - can help avoid misunderstandings if this happens. However, even if you have permission to continue using the content, it's often worth considering the customer's request from both a legal and commercial perspective. Resolving the issue amicably can help protect your reputation and maintain positive customer relationships.

What About Competitions Or User-Generated Content Campaigns?

Many businesses encourage customers to share photos, videos or reviews by running competitions or asking them to post using a particular hashtag. These user-generated content campaigns can be a great way to engage your audience, but they should be supported by clear terms and conditions.

Your campaign terms should explain who owns the content, whether participants are giving your business permission (or a licence) to use their submissions, where that content may be used (such as your website, social media or advertising), and any other relevant conditions. Setting these expectations from the outset can help avoid confusion and reduce the risk of disputes later on.

How Can Businesses Protect Themselves?

Customer reviews, testimonials and photos can be some of the most effective marketing tools available to a business - but they're also someone else's content. Taking a few simple precautions before using it can help reduce legal risk and avoid misunderstandings.

As a starting point, it's good practice to:

• Obtain permission before using customer content in your marketing, particularly outside the platform where it was originally shared;
• Keep a written record of any permissions or licences you've been given;
• Avoid assuming that publicly available content is free to use;
• ensure your reviews and testimonials are presented accurately and comply with Australian Consumer Law;
• Have clear website terms, competition terms or user-generated content policies where appropriate; and
• Seek legal advice if you're unsure whether you have the right to use particular content.

Taking the time to get these foundations right can help you build trust with your customers, protect your business and confidently incorporate customer content into your marketing strategy. 

If you would like a consultation on using customer reviews in your marketing, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.