Do I Need a Release For Customer Testimonials that I Share for my Business?

If you’re a business owner, marketer, sales professional or website creator you’ve probably been involved in your fair share of posting customer testimonials to boost business for the brand you’re involved with. Along the way you might post customer testimonials on the website, on landing pages, in email campaigns, across social media, or elsewhere, but are you following the rules? When it comes to filming and sharing customer reviews, do you need a release for customer testimonials or not?

At Beverly Boy Productions we’re diving into the details surrounding this incredibly popular type of content that is shared by many business owners and professionals worldwide. So if you’re wondering, “Do I really need a release for customer testimonials that I share for my business?” Follow along as we outline exactly when, and why, you need a release for customer testimonials in almost all instances in which a business or brand intends to use this powerful form of customized content.

Do I Need a Release for Customer Testimonials that are Posted to Another Website?

Almost every business has experienced the scenario we’re about to address, just think about it: You’re a business owner that gets a 5 star review on Yelp or Google My Business, or some other website that you do not own. What’s the first thing you want to do with that 5 star review?

Share it with the world! You want to take that customer testimonial and you want to share it on your website, in your next email campaign, to your social media audience – EVERYWHERE! 

But do you need a release for customer testimonials that someone else films, posts, and owns? 

The answer is – YES! You need consent to use the feedback that the customer has provided, and if that feedback is in the form of video that someone else has created, you need consent from the film creator or video owner, too! You cannot just take that 5 star review and share it, not without facing some challenges if you don’t get a release first!

Make sure the release for customer testimonials includes:

• The agreement that you have made with the individual that has provided the testimonial and the relationship between the two of you if there is any, such as if the reviewer is your employee or a customer that was compensated for their review.
• The release agreement must ask permission to use the customer testimonial on your website, social media platform, marketing media, or anywhere you intend to use it.

Do I Need a Release for Customer Testimonials that are Posted on Social Media?

What if your customers post their own testimonials on social media, will you need a release for customer testimonials that are posted by a customer, or someone else, on your social media or to someone else’s social media pages?

If a customer posts their own video testimonials onto social media, they are said to be the “owners” of the intellectual property rights that go along with the customer testimonial video. Secondary, the social media platform would own the testimonial ahead of you. Therefore, if you want any rights to customer testimonials that are posted on social media, whether it’s to your own social pages or someone else’s pages, a release for customer testimonials is going to be necessary in order for you to legally use the testimonial or review.

Additionally, each social platform has their own rules about this as follows:

• Twitter – ToS state that the user has full copyright of their generated content and that posting to the site provides a license allowing Twitter and other people to use the content freely.
• Instagram – users must request permission to use content but must give credit by taking the original poster. 
• Facebook – ToS states that content posted in Public mode provides everyone access, but the privacy settings dictate the ownership of the content.

Is a Release for Customer Testimonials Necessary if I Film the Testimonial?

What if you’re going to film the testimonial yourself, or you’ve asked your customer to send you a video testimonial that you will share on your own website, social media, landing page or elsewhere? If the customer allows you to film him or her, or that same customer films himself or herself and sends the footage to you, then you shouldn’t need a separate release for customer testimonials like this, right?

WRONG!

Even when you have customers that allow you to film them, or that choose to film themselves providing their review and then they send you the footage, you still need a release for customer testimonials like this. The release should include:

• The details of who is on camera and who the agreement is made between (you and the customer).
• The permissions under which the footage may be used including who can use the footage, where it can be used, and how.
• The date the footage was filmed and whether there is any expiry date in the contract.
• Whether the footage can or cannot be used in a particular way, including whether the footage may be made to appear as it is endorsing a product or service.

The bottom line is, the best way to know that you can safely use customer testimonials is to get a release for customer testimonials ahead of time. Written release forms are standard in the film industry and they’re incredibly important anytime intellectual property rights are at stake. To learn more about the release for customer testimonials and the process, contact a legal professional with film experience. 

To learn more about producing customer testimonial videos for your brand, give Beverly Boy Productions a call.