How Do I Know If I’m Infringing Copyright? (2026 Updated)

If you’re running a business, building a brand online, or creating content for customers, it’s surprisingly easy to copy something without meaning to.

A photo you found on Google. A “free” font. A TikTok sound. A competitor’s product description that “just explains it perfectly”. Suddenly you’re wondering: have I infringed copyright?

This guide is a current, practical overview (updated for the way businesses use digital content today) to help you spot copyright risk early and keep your business protected from day one.

We’ll keep things in plain English, but we’ll also anchor the advice in New Zealand’s framework (mainly the Copyright Act 1994), so you’re not guessing.

What Copyright Infringement Looks Like In Practice

Copyright protects original works (not ideas). In New Zealand, copyright comes up most often around:

• website text and blog posts
• product photos and brand photography
• graphics, illustrations, and logos (logos can also be protected by trade marks)
• videos, reels, and other short-form content
• music and sound recordings (including trending audio)
• software, code, and app content
• training materials, manuals, and course content
• architecture/design drawings and digital design files

In a business context, the most common way infringement happens is when you:

• copy a protected work (in full or in part),
• communicate it to the public (for example, uploading it to your website or social media), or
• issue copies to the public (for example, printing and distributing materials).

You don’t need to be making money from the copy to infringe copyright. Commercial use can make the consequences more serious, but infringement isn’t limited to “big business” behaviour.

“But I Changed It A Bit” (The Substantial Part Trap)

A common misconception is that if you change something by, say, 10–20%, you’re safe. Copyright infringement doesn’t work like that.

In New Zealand, the key question is often whether you’ve taken a substantial part of the original work. “Substantial” is more about quality than quantity.

For example:

• Copying a small but distinctive part of an illustration can still be infringement.
• Using the “hook” of a song (even for a short clip) can still raise copyright issues.
• Reproducing a competitor’s unique product descriptions, even with minor wording changes, can be risky if the expression is clearly derived.

It’s Not Just The Person Who Copies

Copyright risk isn’t limited to the person who physically copied a file. Businesses can also run into trouble where they:

• authorise infringement (for example, telling a contractor to “just use that image”), or
• use content supplied by others without checking rights (for example, a freelancer gives you “finished assets” but didn’t have permission to use the images or music).

This is why it’s smart to treat IP checks as part of your normal workflow, not an afterthought.

How To Check If You’re Using Someone Else’s Copyright Material

If you’re unsure whether you’re infringing, you don’t need to panic - but you do need to be methodical. Here’s a practical checklist you can use.

1. Identify What You’re Actually Using

Start by listing the assets involved. Be specific. For example:

• the exact image file (and where it came from)
• the exact audio (original sound vs. licensed library vs. platform audio)
• the text (and whether it was written in-house, outsourced, or adapted)
• the design file (Canva template, custom designer, downloaded vector, etc.)

This sounds basic, but most copyright problems happen because businesses don’t have a clear record of what they used and where it came from.

2. Ask: Is This Protected By Copyright?

Many business assets will be protected by copyright if they’re original and recorded in some form (written down, saved as a file, recorded as audio/video, etc.).

Some things copyright usually doesn’t protect on its own include:

• pure ideas, concepts, or styles
• single words or short generic phrases (although branding can raise trade mark issues)
• facts and data (but the way they’re presented can be protected)

If your use involves a creative expression (writing, images, video, music, design), assume it’s protected unless you confirm otherwise.

3. Check Ownership And Licensing (Don’t Assume “Found Online” Means “Free”)

The safest question to ask is: Do we have the right to use this?

That right might come from:

• ownership (you created it yourself, or your employee created it in the course of employment)
• a licence (for example, a stock image licence, a music sync licence, a software licence, or a written permission from the creator)
• an assignment (a contract that transfers copyright ownership to you)
• a statutory exception (for example, fair dealing - but this is narrower than many people think)

If you’re working with creators or contractors, it’s also important to be clear about who owns what. A contract can allocate ownership and usage rights, and it can prevent disputes later when your marketing really starts to scale.

4. Compare What You Used Against The Original

To assess risk, compare the original work with your version and ask:

• Did we copy it directly, trace it, sample it, or closely recreate it?
• Did we take the “best bits” or distinctive elements?
• Would a reasonable person see ours as derived from the original?
• Did we use it in a way the original licence allows (for example, commercial use, online advertising, resale, modification)?

A quick “reverse image search” can also help if you’re not sure where an image originated, or whether it’s widely used without proper rights.

5. Check Platform Rules (They’re Not The Same As Copyright Law)

Social platforms often have their own policies and automated takedown tools. Even if you think you have a legal argument, platforms may still remove content or restrict your account.

This is especially common with short-form video, background music, and “trending audio”. If your content is built around social media growth, you’ll want a rights-first workflow so you’re not rebuilding campaigns after a takedown.

If you’re regularly publishing video content, it’s worth having internal guidance on Instagram copyright rules and TikTok copyright issues so your team knows what’s risky before posting.

Common Grey Areas That Catch Businesses Out

Some copyright situations aren’t obvious. They feel “normal” online, but they can still create legal and commercial risk.

Using Stock Assets, Templates, And Design Tools

Stock libraries and design tools can be great - but you still need to read the licence terms.

Common pitfalls include:

• using an asset labelled “free” without checking whether commercial use is allowed
• using an image under a standard licence for something that needs an extended licence (for example, high-volume product packaging)
• using a template in a way the platform prohibits (for example, reselling designs “as-is”)

If you create content using Canva (or you hire someone who does), it’s worth checking the rules around Canva designs early, particularly if you sell digital products, print-on-demand items, or branded templates.

“Fair Use” Versus Fair Dealing (NZ Is Different)

You’ll often hear people say “it’s fine, it’s fair use”. But New Zealand doesn’t have a broad US-style fair use doctrine.

Instead, NZ copyright law includes specific fair dealing exceptions (for example, for criticism/review, news reporting, and research/private study), with conditions.

In practice, fair dealing tends to be narrower than what people assume from internet culture. Using a photo in an ad because you’re “commenting on it” is usually not the kind of use that fair dealing was designed to protect.

Video creators also get tripped up by “reaction” content and clips. If you’re using video clips, music, or screenshots, you should be careful with assumptions about fair use on YouTube and how that differs from NZ rules (and from platform enforcement).

Memes, Reposts, And “Credit To The Owner”

Giving credit is respectful, but credit is not permission.

If you repost an image or video you don’t own (even with a tag and a thank you), you may still be communicating that work to the public without a licence.

This comes up a lot in business marketing where you share:

• customer photos
• influencer content
• screenshots of other creators’ posts

A simple permission message can be enough in some cases, but for ongoing use (especially paid ads), you’ll usually want something more robust and clearly documented.

AI-Generated Content And “Training Data” Concerns

AI tools are now part of everyday business workflows - from image generation to blog drafts to social captions.

Two practical copyright risk areas to watch are:

• Output risk: the AI-generated output may be very similar to an existing copyrighted work (especially if the prompt references a specific artist/style or a well-known character).
• Input risk: uploading third-party content into an AI tool (for example, customer lists, paid course materials, or competitor content) may breach usage terms or confidentiality obligations, even if it’s not strictly “copyright infringement” in the classic sense.

Because these situations are fact-specific, it’s often worth getting tailored advice before building AI into your marketing pipeline (particularly if you’re scaling content output quickly).

What If I’ve Already Used Something - Am I Definitely Infringing?

Not necessarily. But you should treat it seriously and work through the possibilities.

Here are some questions that usually matter:

• How was the work created? Is it original, and who created it?
• Did you actually copy it? Copyright infringement generally requires copying (not just similarity by coincidence), although copying can be inferred in some cases.
• How much was taken? Was it a substantial part?
• Was there permission? Do you have a licence or written consent?
• What’s the context of use? Personal/internal vs. commercial advertising vs. resale can change the risk profile.
• Is there an exception? For example, a fair dealing purpose (rare in marketing contexts).

If you’re trying to build a safe process rather than making a one-off judgement call, it may help to set a clear internal rule: if you can’t prove you have the right to use it, don’t publish it.

Copyright And Brand Protection Often Overlap

Businesses sometimes focus on copyright and forget the bigger brand picture.

For example:

• A logo or brand name might trigger trade mark issues, even if the design was “original enough”.
• A product photo might be copyright-protected, but the product design might also raise passing off or Fair Trading Act concerns if it misleads customers.

If you’re unsure where copyright ends and trade marks begin, the distinction between trade mark vs copyright can clarify what you should protect (and what you should avoid copying).

What To Do If You Think You’ve Infringed (Or Someone Accuses You)

If you think you may have used someone else’s copyright material without permission, don’t stress - but do act promptly and carefully. The steps you take early can make a big difference.

1. Pause The Use (Where Practical)

If the content is live (website, ads, socials), consider temporarily removing it until you confirm your rights.

For paid advertising, this can be especially important, because ongoing commercial use can increase exposure and potential loss claims.

2. Gather Your Evidence

Before you reply to anyone, collect:

• screenshots of the content as used
• the files and metadata (where possible)
• purchase receipts/licences for stock assets
• contracts with designers/contractors (to check ownership and warranties)
• any written permissions (emails/DMs) that support your right to use the work

This is also the moment to check whether your business has any relevant disclaimers and internal policies around content use. Depending on your content model, a Copyright Disclaimer can be part of a broader IP compliance approach (but it won’t “fix” an infringement by itself).

3. Don’t Admit Liability Too Early

It’s tempting to send a quick message like “sorry, we didn’t realise”. Sometimes that resolves things quickly, but sometimes it can also complicate matters if the dispute escalates.

A better approach is to be polite and prompt, confirm you’re reviewing the issue, and then get advice if needed.

4. Consider Your Options (Removal, Licence, Settlement, Or Dispute)

Depending on what happened, you may be able to:

• remove/replace the material and move on
• seek a retroactive licence (permission to keep using the work, usually for a fee)
• negotiate a settlement amount
• push back if the claim is wrong or overstated

This is where tailored legal advice matters, because strategy depends on the evidence, the licence terms (if any), and what the other party is demanding.

If you need help assessing your situation, a Copyright Consult can help you understand your position and respond without making things worse.

5. Put A Prevention Process In Place

Even if you resolve one issue, you’ll want to stop it happening again - especially if you have staff, contractors, or agencies posting content on your behalf.

Some practical prevention steps include:

• keeping a simple “asset register” (where each photo, font, song, or template came from)
• using licensed stock libraries and saving receipts
• requiring contractors to confirm originality and grant you proper rights in writing
• training your team on what they can/can’t repost
• using a standard checklist before launching campaigns

If you want a deeper set of practical examples of what counts as risky copying (and how to steer clear), the principles in avoid breaching copyright can help shape your internal guidelines.

Key Takeaways

• Copyright protects original creative works (like images, text, music, video, and designs), and infringement can happen even if you only copy a substantial part.
• “Found online” doesn’t mean “free to use” - you should be able to point to a clear right to use the content (ownership, licence, assignment, or a specific legal exception).
• NZ copyright law relies on fair dealing exceptions, not broad US-style fair use, and marketing use is rarely protected by those exceptions.
• Reposting content with “credit” is not the same as permission, and businesses can be exposed when contractors or agencies use unlicensed assets.
• If you’re accused of infringement, pause use where practical, gather your licences and contracts, and avoid admitting liability before you understand the situation.
• The best protection is a simple prevention process: record where assets come from, use reputable licensing sources, and get agreements in place so ownership and usage rights are clear.

If you’d like help working out whether your content is compliant, or responding to a copyright complaint, you can reach us at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.