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

Copyright issues have a habit of popping up at the worst possible time - right when your marketing is working, your website is live, or your socials are finally gaining traction.

You might be using a “stock-looking” image you found on Google, a popular song in a Reel, a template you tweaked for your website, or a contractor’s work you assumed you owned. Then you get an email demanding payment, a takedown notice, or a message saying you’ve “stolen” content.

So how do you actually know if you’re infringing copyright?

In Australia, the short version is: if you’re using someone else’s original creative work without the right permission (or without a clear legal exception applying), there’s a real risk it’s copyright infringement.

Below, we’ll walk you through the practical signs to look for, the common traps for small businesses, and the steps you can take to reduce risk before it becomes a costly dispute.

What Counts As Copyright Infringement In Australia?

Copyright protects original works such as writing, images, videos, music, artwork, software code, designs, and more. If someone created it (and it meets the originality threshold), it’s likely protected automatically - there’s usually no formal “registration” step in Australia.

Copyright infringement generally happens when you do something with that work that only the copyright owner has the legal right to do, without permission.

Common “Copyright Owner Rights” (In Plain English)

Depending on the type of work, copyright can give the owner rights to control things like:

• copying the work (including saving it, duplicating it, reproducing it in marketing material)
• publishing it online or in print
• communicating it to the public (for example, posting it on a website or social media)
• performing or playing it (for example, using music publicly)
• making an adaptation (for example, turning text into a script, remixing a song, translating content)

If you do one of those things without a licence, permission, or a clear legal exception, that’s where infringement risk lives.

“But I Changed It” Doesn’t Automatically Make It Safe

A common misconception is: “If I edit it enough, it becomes mine.” In reality, changing a work doesn’t necessarily stop it from being a “substantial part” of the original.

For example, cropping an image, putting a filter on it, adding text over it, or slightly rewriting a paragraph may still be infringement if the original work is recognisable or you’ve taken a substantial part of it.

Copyright vs Trade Marks (They’re Different)

Copyright is about creative works (like a photo or a blog post). Trade marks are about brand identifiers (like a name or logo). You can run into both issues at once - for example, copying a competitor’s logo could be a trade mark issue, and copying their website images could be copyright too.

Common Ways Small Businesses Accidentally Infringe Copyright

Most copyright problems we see for small businesses aren’t deliberate. They come from marketing and growth activities that move quickly - and where “content” is treated like it’s just part of the internet.

Here are some of the biggest risk areas.

Using Images Found On Google (Or Pinterest)

If you search an image on Google and download it, that’s not the same as getting a licence to use it.

Even if:

• there’s no watermark
• it looks like a stock photo
• it appears on lots of other websites

It can still be protected by copyright, and the owner may be actively enforcing their rights. One scenario that’s become increasingly common is receiving a demand letter from image enforcement agencies - if that’s happened to you, the situation often looks similar to what’s discussed in PicRights disputes.

Reposting Content From Social Media

Reposting is a big grey area in practice, but it’s not automatically “legal” just because the platform makes it easy.

If you download someone’s video and re-upload it (instead of using the platform’s built-in reshare tools), you may be copying and communicating the content without permission.

This comes up a lot with short-form video trends, audio, and “remix” culture - it’s worth being especially cautious with platform-driven content, including issues that commonly arise with TikTok copyright issues.

Using Music In Reels, Ads, Podcasts Or In-Store

Music licensing is more complex than many people expect. A track being available in a social platform’s music library doesn’t necessarily mean you can use it for every type of business activity (particularly paid ads or commercial uses outside the platform).

Similarly, playing music in a physical venue can also involve licensing considerations.

Copying Website Text, Product Descriptions Or Blog Content

Copying a competitor’s website copy - or even “borrowing” chunks of it and changing some words - can still expose you to infringement risk.

This also includes:

• service descriptions
• FAQs
• policies (like returns policies or terms)
• training manuals and internal SOPs

Even if it feels “generic,” the specific expression of the idea can be protected.

Using Photos Or Videos Of People Without Proper Consent

Copyright often sits with the photographer or videographer, not the subject.

So even if a photo is of your staff member, your client, or your premises, you still need to be sure you have the right permission from the person who created the image (and, in many cases, appropriate consent from the people featured).

If your marketing includes customer photos or UGC, it’s also worth understanding the risks discussed in using someone’s picture without permission scenarios.

Assuming You Own Contractor-Created Work Automatically

If a freelancer designs your logo, writes your website copy, shoots your product photos, or builds your website, you don’t always automatically own the copyright just because you paid for it.

Whether you own it can depend on the contract terms. If ownership matters to you (and it usually does), it’s best to make sure your agreements clearly cover who owns what.

How Can I Tell If I Have Permission To Use Something?

When you’re trying to work out whether your use is likely infringing, it helps to reduce it to a few practical questions.

1. Did You Create It Yourself?

If you (or your employee as part of their job) created the work, you’re usually in a stronger position to use it.

But watch for collaboration scenarios - for example, co-created content, outsourced work, guest contributors, or joint ventures - where ownership can become unclear unless it’s agreed in writing.

2. Do You Have A Written Licence Or Clear Permission?

Ideally, you want written permission (even if it’s a simple email) that confirms:

• what you can use (the exact work)
• how you can use it (website, paid ads, packaging, social media, etc.)
• where you can use it (Australia only, worldwide)
• how long you can use it (term)
• whether you can edit it or create derivatives

If you’re using stock libraries, read the licence type carefully. “Free” doesn’t always mean “free for commercial use,” and “commercial use” doesn’t always mean “use in paid advertising.”

3. Are You Relying On A Platform’s Built-In Tools?

Using a platform’s native “share” or “repost” function can reduce risk (because it may keep attribution and link back to the original), but it doesn’t always eliminate it - especially if the original uploader didn’t have rights in the first place.

It’s also worth thinking about whether your use is genuinely promotional for the creator, or whether it replaces the need for someone to view the original on their channel.

4. Is There A Legal Exception That Actually Applies?

Australia does have exceptions and defences (for example, “fair dealing” for specific purposes), but they’re narrower than many people assume.

In practice, if you’re using content to sell your products or services, relying on an exception is often risky unless you’ve checked it carefully.

5. Are You Using A “Substantial Part”?

Infringement isn’t only about copying an entire work. Using a “substantial part” can be enough - and “substantial” can mean qualitative, not just a percentage.

For example, using the key hook of a song, the most recognisable part of a photo, or the most distinctive paragraphs of a blog post may still be a problem.

What Should I Do If I Think I Might Be Infringing Copyright?

If you suspect you’re infringing, the goal is to act quickly, calmly, and in a way that doesn’t accidentally make things worse.

Step 1: Pause The Use (Where Practical)

If the content is in an ad campaign, on your website, or in a downloadable resource, consider temporarily removing it while you investigate. This can reduce ongoing risk.

If it’s a high-traffic page or a major campaign, you can still take a measured approach - but continuing to use the work after being put on notice can increase legal and negotiation risk.

Step 2: Work Out What The Content Is And Where It Came From

Gather the facts before replying to anyone:

• What exactly is being claimed (image, music, text, video, code)?
• Where did you get it from (employee, contractor, Canva template, Google, stock site)?
• Do you have any licence, invoice, emails, or terms that grant permission?
• How have you used it (website only, social media, paid ads, packaging)?
• How long has it been used and how widely distributed?

This information is also what a lawyer would ask you for to assess your position efficiently.

Step 3: Don’t Send A Reactive Reply

If you’ve received a demand letter, it can be tempting to fire back a quick email (especially if you feel accused or embarrassed). But what you write can matter later.

A safer approach is to acknowledge receipt, say you’re looking into it, and then get proper advice on the best response strategy.

Step 4: Consider A Practical Resolution Path

Depending on the situation, outcomes can include:

• removing the content and confirming it won’t be used again
• negotiating a licence fee (sometimes at a reduced amount)
• disputing the claim (for example, if you have a valid licence or you own the work)
• requesting evidence of ownership

If the relationship is escalating, a formal letter can be appropriate - for example, a cease and desist letter may be relevant where you need to put another party on notice, or where you need to respond firmly to an ongoing issue.

Step 5: Get Advice Early If Money Or Brand Risk Is Involved

Some copyright disputes stay small. Others don’t - particularly when:

• the content is central to your brand (like your hero product photos)
• you’ve used it in paid ads for a long time
• the other side is highly litigious or uses enforcement agencies
• you’re unsure whether you own what your contractor created

In those cases, getting a clear assessment can save you time, cost, and stress. If you need help assessing your risk and next steps, a Copyright Consult can help you understand where you stand before you respond.

How Can I Reduce Copyright Risk In My Business Going Forward?

Copyright risk management doesn’t have to be complicated, but it does need to be deliberate - especially if you create content regularly or outsource creative work.

Create A Simple “Content Proof” Process

Even a lightweight process can prevent most problems. For each image, video, music track, or template you use, keep a record of:

• where you sourced it
• the licence terms (screenshot or PDF)
• the date you downloaded it
• any attribution requirements

This makes it much easier to respond if you ever receive a complaint.

Use Written Agreements With Contractors (And Check Ownership Clauses)

If you hire photographers, designers, developers, marketing agencies, or videographers, make sure your agreement covers:

• who owns copyright in the deliverables
• whether you receive an exclusive licence (or full assignment)
• whether they can reuse your assets in their portfolio
• whether they are using third-party materials (and whether those are licensed)

This is one of those areas where a “quick email agreement” often isn’t enough, because ownership can become a real issue years later.

Be Careful With “Free” Online Tools And Templates

Design platforms and template sites can be great for speed, but they still come with terms. Make sure your intended use is permitted (especially if you’re using assets in paid advertising, packaging, or resale products).

If your team is regularly producing marketing content, having clear internal rules about acceptable sourcing can prevent accidental infringement.

Train Your Team On The Biggest Copyright Traps

If you have staff (or contractors) posting to your socials, writing blogs, or building landing pages, it’s worth setting expectations on what’s allowed.

This doesn’t need to be heavy-handed. Even a short checklist can help, like:

• don’t copy competitor copy or blog content
• don’t use Google Images
• only use licensed stock libraries
• don’t download and re-upload others’ videos

Watch Out For “Recording” And “Filming” Issues Too

Copyright isn’t the only content-related risk. If you’re recording or filming in your business (for marketing, training, or security), you may also need to think about surveillance and recording compliance.

For example, if your content includes recorded conversations, it’s worth checking the rules around recording a phone call and broader filming without permission issues, because these can overlap with privacy and consent obligations.

Consider A Proactive IP Check-Up For Your Brand

If your business relies heavily on content (ecommerce, online education, coaching, agencies, hospitality, creators, SaaS), it can be worth doing a proactive review of:

• who owns your website copy, branding assets, and photography
• whether your licences cover your actual use (especially ads)
• your contracts with creatives and agencies
• your content policies for staff

It’s much easier to fix gaps now than during a dispute.

Key Takeaways

• Copyright infringement risk usually comes down to whether you’re using someone else’s original work (images, music, video, text, code) without a licence, permission, or a clear legal exception.
• “I found it online,” “there was no watermark,” and “I changed it” are common misconceptions - they don’t automatically make the use lawful.
• High-risk areas for small businesses include Google Images, reposting social media content, using music in marketing, copying website text, and assuming you own contractor-created content.
• If you think you may be infringing, pause the use where possible, gather your source and licence records, and avoid sending reactive replies before you understand your position.
• A simple internal process for tracking content licences, plus solid contractor agreements, can prevent most copyright disputes before they start.

If you’d like help assessing copyright infringement risk or responding to a copyright complaint, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.