Can A Business Copy A Competitor's Website Text?

Finding a competitor's website that sounds suspiciously like yours is frustrating. It can feel even worse when they have copied the words you paid for, tested with customers and built into your brand.

On the other side, you might have found wording online that describes your service perfectly and you're wondering whether you can reuse it.

The safest answer is usually: don't copy it. You can take inspiration from ideas, but the actual words, structure and branding can create real legal risk.

Here's how New Zealand law treats website text, what to do if someone copies yours, and how to protect your content before it becomes a problem.

Can You Copy Website Content In New Zealand?

No, you generally can't copy a competitor's website text if that text is original and you don't have permission.

In New Zealand, copyright is protected under the Copyright Act 1994. Website text can be a literary work, which means the words on a homepage, product page, blog post, FAQ or service description may be protected automatically as soon as they're written down.

You don't need to register copyright in New Zealand. Unlike trade marks, there isn't an IPONZ copyright register for website copy. The protection exists automatically if the content is original enough.

That said, copyright protects the expression of an idea, not the idea itself. For example, if your competitor says, we offer same-day plumbing callouts in Auckland, you're not locked out of saying you also offer same-day plumbing callouts. But copying their paragraph, layout of benefits and unique wording is much riskier.

Small changes won't necessarily solve the problem. Swapping a few words, changing sentence order or using AI to lightly rephrase copied text may still be infringement if the new version takes a substantial part of the original.

A better approach is to use competitor websites for research only. Note the topics customers expect you to cover, then write or review your own website copy based on your services, process, prices, guarantees and tone of voice.

What Parts Of A Website Are Protected By Copyright?

Many parts of a website can be protected by copyright, but not every detail on a page will be.

For most small businesses, the protected parts often include:

• Website copy, including homepage text, service pages, product descriptions, About pages and FAQs.
• Blog articles, guides, case studies and educational resources.
• Photos, videos and graphics, unless you have a proper licence to use them.
• Website code, depending on who wrote it and what licence applies.
• Original design elements, such as illustrations, icons or a distinctive visual arrangement.

Things that are usually not protected in the same way include basic facts, common industry phrases, standard website navigation labels and general business ideas. For example, words like Contact Us, Our Services and Book A Call are too ordinary to give one business exclusive rights.

You should also separate copyright from trade marks. Your business name, logo or product name may be protected as a registered trade mark through IPONZ, or sometimes through reputation even if it isn't registered. If a competitor copies both your wording and brand identifiers, the issue may be bigger than copyright alone.

For AI-generated or AI-assisted content, the risk doesn't disappear. If you feed a competitor's website into an AI tool and ask it to rewrite the page, the output may still be too close to the original. You're still responsible for what you publish on your business website.

Is Copying Terms And Conditions Different?

Yes, copying terms and conditions is risky for two reasons: the wording may be protected by copyright, and the document may be wrong for your business.

It's tempting to copy a competitor's website terms and conditions because they look formal and cover lots of scenarios. But terms and conditions aren't just website decoration. They set the rules for how you sell, take bookings, handle refunds, limit liability, manage user accounts and deal with intellectual property.

If you copy someone else's terms, you may accidentally copy:

• the wrong governing law, especially if the document came from overseas
• refund rules that don't match the Consumer Guarantees Act 1993
• privacy wording that doesn't match the Privacy Act 2020
• payment, delivery or cancellation rules you don't actually follow
• business-to-business limitations that don't work for consumer sales
• clauses that refer to products, subscriptions or services you don't offer

For example, if you sell to consumers, you generally can't use your terms to remove rights customers have under the Consumer Guarantees Act 1993. In some business-to-business situations, you may be able to contract out of parts of that Act, but only where the law allows it and where it's fair and reasonable.

Good website terms should be tailored to the way you actually trade. A free template can be a starting point for thinking, but it often misses the details that matter most, such as your payment model, delivery process, refund policy and who owns user-submitted content.

What Should You Do If A Competitor Copied Your Website?

Start by preserving evidence and checking you own or control the content. If you later need to take action, a clean record will make it much easier for the right adviser to assess your options.

It's natural to want to fire off an angry email. Try not to. A measured approach usually gives you a better chance of resolving the issue without turning it into a bigger fight.

Step 1: Record The Evidence

Before doing anything else, keep a clean record of what has happened. Save:

• screenshots of your website and the copied pages
• the date and time you found the copied content
• the page titles and website addresses
• copies of your original drafts, invoices, content briefs or publishing records
• search results showing both versions, if relevant

If the copied content is changed later, your evidence may be what proves what was live at the time.

Step 2: Check Who Owns The Content

Make sure your business owns or controls the copyright before deciding what to do next.

If an employee wrote the copy as part of their job, your business will often own it. If a freelancer, agency or contractor wrote it, the answer depends on the contract. In many cases, you need a written assignment or copyright licence giving your business the right to use the content and deal with infringement issues.

Say Hana runs a Wellington skincare brand. She notices a new competitor has copied 9 product descriptions and 2 FAQ sections. Hana takes screenshots, checks her agreement with the copywriter and confirms the copyright was assigned to her company. Those records help her work out whether the issue is worth escalating and what kind of specialist help she needs.

Step 3: Consider Platform Processes And Specialist Advice

Some website hosts, marketplaces, social media platforms and search engines have copyright complaint processes. These processes can sometimes help remove copied material from a platform, but the rules depend on the platform and where it's based.

Before using a platform process, check the details carefully. You'll usually need to identify the copied material, explain your ownership position and confirm that the complaint is accurate. If the copied content is valuable, the facts are disputed or the other business is likely to push back, it's sensible to speak with a New Zealand litigation or IP disputes lawyer about enforcement options.

For future protection, you can also review your website terms, creator contracts and records so it's clearer who owns your content and what others can and can't do with it.

Could Copying Website Text Breach The Fair Trading Act?

Yes, copying website text can sometimes raise issues under the Fair Trading Act 1986, especially if customers may be misled.

The Fair Trading Act is about misleading and deceptive conduct in trade. If a competitor copies your wording so closely that customers think the businesses are connected, endorsed by each other or offering the same service, that can become more than a copyright issue.

Fair Trading Act concerns can also arise where copied content includes:

• false claims about experience, qualifications or awards
• testimonials that belong to your business
• case studies about customers the competitor never served
• claims like NZ made, certified or official partner that aren't true
• pricing or guarantee statements the competitor doesn't honour

The Commerce Commission can take action in some Fair Trading Act matters, particularly where there's wider consumer harm. For your own business loss, you may need tailored advice about the best next step.

There may also be a passing off issue. Passing off is a common law claim that can apply where another business misrepresents its goods or services as being connected with yours, causing damage to your goodwill. It's often relevant when a competitor copies not just your words, but your overall brand look, name, tone, testimonials and customer journey.

If your brand name or logo is central to the problem, check whether you have trade mark protection. A registered trade mark can make enforcement simpler because it gives you clearer rights in the sign you've registered.

How Can You Protect Your Website Content From Day One?

You can protect your website content by owning it properly, using clear website terms and keeping a record of what you create.

Copyright exists automatically, but dealing with infringement is much easier when your paperwork is tidy. If you pay someone to create website copy, photos, videos, graphics or code, your contract should say who owns the intellectual property and what your business is allowed to do with it.

Your website terms can also help. They won't stop every copycat, but they make your position clearer and give you something to point to if someone scrapes, republishes or misuses your content.

A tailored website terms outline might cover:

1. Who operates the website - your company name, NZBN if relevant, and contact details.
2. Ownership of content - that your business owns or licenses the website text, images, branding and other materials.
3. Permitted use - what visitors may do, such as viewing pages for personal or business research.
4. Prohibited use - no copying, scraping, republishing, commercial reuse or misleading use of your content.
5. User content - who owns reviews, comments, uploads or submissions made through your site.
6. Online sales terms - payment, delivery, refunds, cancellations and consumer law wording, if you sell online or provide online services.
7. Privacy and data - how your privacy policy applies to personal information collected through the site.
8. IP complaints process - how someone can contact you about alleged infringement.

This outline isn't a finished legal document. It needs to be tailored before you use it, because website terms for a SaaS platform, online course business, trades website and ecommerce store will all look different.

You can also take practical steps, such as keeping dated drafts, saving invoices from content creators, registering key trade marks with IPONZ, setting up alerts for distinctive phrases, and using a consistent brand voice that's harder for competitors to copy without being obvious.

Key Takeaways

• You generally can't copy a competitor's website text in New Zealand if the wording is original and you don't have permission.
• Copyright protects the way ideas are expressed, not the idea of offering a particular product or service.
• Copying terms and conditions is especially risky because the wording may infringe copyright and may not fit your legal obligations.
• If a competitor copies your website, preserve evidence, check ownership and consider platform copyright complaint processes or specialist disputes advice if enforcement is needed.
• Close copying can also raise Fair Trading Act, passing off and trade mark issues if customers may be misled.
• Clear creator contracts, tailored website terms and good records make your content much easier to protect.

If you'd like help with website terms, copyright ownership clauses, IP licensing and confidentiality or trade mark registration, you can reach us at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.