Website Copyright in New Zealand

If you run a small business, your website is probably one of your most valuable assets. It builds trust, helps you sell, and tells customers who you are.

But here’s the tricky part: the internet makes it very easy to copy and paste. That’s exactly why website copyright issues come up so often for business owners - sometimes without you even realising you’ve done anything risky.

This guide explains website copyright in New Zealand in plain English, including what’s protected, what you can (and can’t) use online, and practical steps you can take to stay on the right side of the law from day one.

What Is Website Copyright And Why Does It Matter For Your Business?

Copyright is a type of intellectual property (IP) that protects original works. For small businesses, website copyright matters because so much of what you publish online is automatically protected - and so much of what you might want to use (photos, icons, articles, music, templates) is protected too.

In New Zealand, copyright is mainly governed by the Copyright Act 1994. The important takeaway is that copyright usually arises automatically when an original work is created. You don’t need to register it.

From a business perspective, copyright affects two big things:

Protecting your own content (so others can’t freely copy your website, product photos, blogs, or branding materials).
Avoiding infringement (so you don’t accidentally use someone else’s online content without permission).

If you get website copyright wrong, the consequences can be very real: takedown demands, cease-and-desist letters, settlement negotiations, or a dispute that drains your time and energy when you should be focusing on customers.

What Parts Of A Website Are Protected By Copyright?

When people think “copyright”, they often think of books and music. But website copyright is broader than that. Many parts of a typical business website can be protected as copyright works.

Common Website Elements That Are Usually Copyright-Protected

Written content like blog posts, landing page copy, service descriptions, FAQs and product descriptions (as long as it’s original and not purely generic).
Photos and images, including product photography, lifestyle images, illustrations and infographics.
Videos, including promotional videos, online course content, reels, and embedded original recordings.
Graphics like icons, custom drawings, banners and other visual designs.
Website code such as original HTML, CSS, and other code components.
Music and audio, like a soundtrack used in a promo video or podcast audio on your site.

It’s also worth knowing that copyright protects the expression of an idea, not the idea itself. For example, “a homepage explaining your services with a call-to-action button” is an idea. The specific words, layout design, photos and code you use to express that idea can be protected.

Does Copyright Protect My Brand Name Or Logo?

Sometimes, but not always in the way you expect. A logo may be protected by copyright as an artistic work, but brand protection often overlaps with trade mark law too (which is a different area of IP).

If your business identity is important (and for most small businesses, it is), it’s worth getting tailored advice about the best mix of protection for your brand assets. A general website copyright approach might not be enough on its own.

Can You Use Online Content If It’s “Public” Or Easy To Find On Google?

This is one of the most common misconceptions we see: “If it’s on the internet, it’s free to use.”

It’s not.

Just because an image appears in a Google search, or a competitor’s website copy is visible publicly, doesn’t mean you have the right to use it. Copyright generally belongs to the creator (or whoever the rights were assigned to), and you typically need permission or a licence to use it.

What Counts As “Using” Someone Else’s Website Content?

For business websites, “using” can include:

copying text from another website (even if you change a few words);
downloading and re-uploading a photo you found online;
using icons, fonts, templates or stock images without following the licence terms;
embedding or framing someone else’s content in a way that reproduces it or makes it available on your site (the risk depends on how it’s embedded and the source platform’s terms);
reposting graphics you don’t own on your website or marketing pages.

Even if you’re a small business and you’re not trying to “steal”, copyright infringement can still happen. Intention isn’t always the deciding factor - it’s about whether you had the rights to use the content.

What About Giving Credit?

Giving credit is respectful, but it’s not automatically a legal permission.

If the content is copyrighted and you don’t have a licence or consent to use it, adding “credit to the owner” usually won’t fix the problem. For business use (especially commercial use), you want clear rights to use the content in the way you intend.

What Are The Safe Ways To Source Content For Your Business Website?

The good news is: you don’t have to create everything from scratch. You just need a sensible process so you can confidently publish content without worrying about website copyright issues later.

1. Create Your Own Content (Or Pay Someone To Create It For You)

If you (or your team) create original website copy, original photos, and original designs, you generally control the rights - but there are still a few traps to watch out for:

Employees vs contractors: as a general rule, work created by employees in the course of their employment is owned by the employer, while contractors and freelancers often own what they create unless your contract includes an assignment or clear ownership terms.
Third-party inputs: a designer might use elements they don’t have the right to sublicense (for example, unlicensed fonts or images), which can create risk for you.

If you’re hiring creatives, getting the paperwork right is part of building solid legal foundations. For example, if a developer is building your site or a freelancer is creating assets, having a properly drafted Service Agreement can help clarify ownership, permitted use, and handover obligations.

2. Use Stock Content With The Right Licence

Stock libraries can be a great option, but licences matter. Before you use stock images, videos, fonts or music, check:

Is the licence free or paid?
Is commercial use allowed?
Do you need to attribute the creator?
Are there restrictions on editing, distributing, or using in ads?
Does the licence cover use on websites, social media, packaging, and paid campaigns (if you’re doing all of those)?

For small businesses, it’s often worth keeping a simple internal record (even a spreadsheet) of where each image or asset came from, what the licence is, and when you downloaded it.

3. Get Written Permission (A Licence) From The Owner

If there’s a specific image, article excerpt, or graphic you want to use, the safest approach is to ask for permission and get it in writing.

That permission should ideally cover:

exactly what content you can use;
how you can use it (website only, marketing too, social media too, etc.);
whether you can edit it;
how long you can use it for;
whether you need to provide attribution;
any payment or credit requirements.

If you’re partnering with other businesses (for example, running a joint promotion or sharing content), it’s worth documenting responsibilities clearly in a tailored Collaboration Agreement.

4. Use Content Under A Clear “Creative Commons” Or Similar Licence (Carefully)

Some creators publish their work under standard licences that allow reuse, like Creative Commons. These can be useful, but you still need to comply with the licence terms.

For example, a licence might allow reuse only if:

you attribute the author in a specific way;
you don’t use it commercially (which can be a dealbreaker for business websites);
you share any adaptations under the same licence.

If you’re unsure whether a licence suits your commercial goals, it’s often cheaper to confirm it early than to fix a dispute later.

Are There Any Exceptions For “Fair Dealing” Or Quoting Content?

Sometimes you can use copyrighted material without permission, but the exceptions in New Zealand are limited and context-specific. This is where business owners often get caught out by assumptions borrowed from other countries.

Under New Zealand law, there are certain “fair dealing” exceptions (for example, in relation to criticism, review, reporting current events, or research and private study). But for small businesses, the key point is:

Most marketing and commercial website use won’t fit neatly into these exceptions.

Using Quotes Or Excerpts (For Example, In Blogs)

If you’re quoting a small part of a work for a legitimate purpose (like review or critique) and you attribute properly, you may be able to rely on an exception - but it depends on the circumstances.

From a practical standpoint, if your blog content is designed to promote your services (which many business blogs are), you should be cautious about relying on “fair dealing” and instead consider getting permission or using licensed content.

What About “Inspiration” From Other Websites?

Looking at competitor websites for inspiration is normal. Copying their words, page structure, or brand styling too closely is where you start drifting into website copyright risk (and also broader issues like misleading conduct if customers might get confused).

If you’re rewriting your website, it’s best to create your own copy that reflects your unique services, tone, and customer promises - not a “lightly edited” version of someone else’s.

Website Copyright Risks Small Businesses Commonly Miss

Website copyright problems don’t always come from obvious copying. A lot of the risk comes from day-to-day business decisions made quickly (because you’re busy) without a process in place.

Using A Web Designer Or Marketing Agency Without Clarifying Ownership

If someone else builds your website or creates content, you’ll want to be clear on:

Do you own the final content outright, or do you only have a licence to use it?
Can you reuse it on other platforms (social media, flyers, packaging)?
What happens if you stop working together?

These issues are much easier to handle upfront in your contracts than after a relationship has soured.

Testimonials And Case Studies

Testimonials themselves are usually not a website copyright issue, but how you collect and publish them can overlap with privacy and consumer law.

If you’re collecting customer information through enquiry forms, newsletter sign-ups, or testimonials, you’ll likely need a Privacy Policy that explains what you collect and how you use it. This is especially important under the Privacy Act 2020.

Embedded Content, Plugins, And “Free” Website Assets

Even if you’re not copying and pasting, you can still end up using content in ways that breach terms or licences. Examples include:

using “free” fonts or icons without checking if commercial use is allowed;
installing a plugin that imports images or content that you don’t have rights to;
reposting images from social media onto your website without permission (or without the platform’s terms allowing it).

A good rule of thumb is: if you didn’t create it, and you don’t have a written licence for it, pause and verify before publishing.

Website Terms And Customer-Facing Legal Pages

While not strictly “copyright”, having the right legal pages on your website is part of protecting your business online. For example, if you sell online, your Website Terms and Conditions can help set expectations about payment, delivery, refunds, acceptable use, and liability limits (where appropriate).

This also links to consumer protection laws like the Fair Trading Act 1986 and the Consumer Guarantees Act 1993, which affect what you can say in your advertising and what rights consumers have.

How Do You Protect Your Own Website Content From Being Copied?

Once you’ve sorted out how not to infringe others, the next step is protecting what you’ve built. For many small businesses, your website copy and images are a big investment - and it can be frustrating to see competitors lift your content.

Practical Steps To Protect Website Copyright

Make sure your contracts confirm ownership when you hire designers, photographers, writers, or developers.
Keep source files and creation records (drafts, invoices, project files, and email chains can help show ownership).
Use clear website terms that address acceptable use of your site content where appropriate.
Consider trade mark protection for brand elements where that makes sense (copyright and trade marks often work together).

What If Someone Copies Your Website?

If a competitor copies your content, don’t panic - but don’t ignore it either. Common first steps include:

collecting evidence (screenshots, URLs, dates);
confirming what content is yours and how it’s been used;
sending a request to remove the content (often through a formal letter);
escalating if needed (for example, to a platform, host, or through legal channels).

The right approach depends on your goals (quick takedown vs compensation vs preventing repeat behaviour) and the strength of your evidence.

Key Takeaways

Website copyright in New Zealand is mainly governed by the Copyright Act 1994, and protection is usually automatic once an original work is created.
Common website elements like written copy, images, videos, graphics and code can all be copyright-protected, so copying from other websites can create real legal risk.
Just because content is “public” online (or shows up in search results) doesn’t mean it’s free to use - and giving credit usually isn’t enough on its own.
The safest ways to use online content are to create it yourself, use properly licensed stock content, or get written permission that clearly covers your intended use.
Fair dealing exceptions in New Zealand are limited and often won’t apply to promotional or commercial website use, so be cautious about relying on them for business content.
To protect your own website, make sure your contracts clarify ownership, keep records of creation, and use the right legal pages like Website Terms and Conditions and a Privacy Policy.

If you’d like help protecting your website content, setting up your website terms, or sorting out a website copyright issue, you can reach us at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.

Website Copyright In New Zealand: How To Use Online Content Legally