Reading time: 3 minutes

An big concern for many website owners is that their content may be replicated by anonymous visitors. Nowadays, using content from another website has become increasingly easy with the ability to take screenshots on computers and mobile devices and publicly share them.

In order to figure out how to respond if a person has taken content from your website, you should endeavour to speak with an IP solicitor in considering a range of factors. These factors include:

What content has been taken?

Websites consist of various components. To figure out what you can do about content that has been taken from your website, you should identify exactly what has been taken.

For example, is it your brand name or logo from the website that has been taken? Is it an image that a visitor to your site has posted? Is it content that you have borrowed from a third party and have placed on your website?

If content that you do not have rights to appears on your website and someone takes it, you may not be able to make a claim against the person taking this content.

As website content forms a part of your intellectual property, is any of the intellectual property registered?

Intellectual property rights are legally recognised and enforceable rights at law. This means that if your logo, for example, is a registered trademark and somebody copies it and uses it to represent their business, you may be able to enforce your intellectual property rights against them.

Some intellectual property may not even need to be registered in order for you to have rights to them. For example, copyright does not require registration under Australian law. So, if someone takes content from your website that you have clearly marked as your copyright, you would have the option of resolving this unauthorised use of website content and enforcing your rights as the owner of the content.

This is quite a tricky area of law and it is best to speak with an IT solicitor in order to get an understanding of your legal options.

Do you have website Terms of Use in place?

A simple way to communicate to users of your website that they cannot take content from you is to upload a set of website Terms of Use to your website. Website Terms of Use provide clear guidelines to everyone with access to your website, not just people who make purchases from you.

Website Terms of Use can cover:

  • the provision of a licence for visitors to make use of your site for a non-commercial use;
  • what constitutes prohibited conduct, such as copying content from the website or posting user reviews that are defamatory or inappropriate;
  • what intellectual property rights you have in the website;
  • how third party information on your website is treated;
  • what you are responsible for on your website and what you are not responsible for; And
  • what you will do if a user breaches these terms.

IT solicitors will have experience in drafting such legal documents in a format that can be uploaded onto your website.

Conclusion

In considering the legal issues for protecting your rights to the content of your website, it is a good idea to speak with an IT solicitor who may discuss with you the possible next steps in rectifying this situation.

Webinars

Redundancies and Restructuring: Understanding Your Employer Obligations

Thursday 7 July | 11:00 - 11:45am

Online
If you plan on making a role redundant, it is crucial that you understand your employer obligations. Our free webinar will explain.
Register Now

How to Sponsor Foreign Workers For Your Tech Business

Wednesday 13 July | 11:00 - 11:45am

Online
Need web3 talent for your tech business? Consider sponsoring workers from overseas. Join our free webinar to learn more.
Register Now

Advertising 101: Social Media, Influencers and the Law

Thursday 21 July | 11:00 - 11:45am

Online
Learn how to promote your business on social media without breaking the law. Register for our free webinar today.
Register Now

Structuring for Certainty in Uncertain Times

Tuesday 26 July | 12:00 - 12:45pm

Online
Learn how to structure to weather storm and ensure you can take advantage of the “green shoots” opportunities arising on the other side of a recession.
Register Now

Playing for the Prize: How to Run Trade Promotions

Thursday 28 July | 11:00 - 11:45am

Online
Running a promotion with a prize? Your business has specific trade promotion obligations. Join our free webinar to learn more.
Register Now

Web3 Essentials: Understanding SAFT Agreements

Tuesday 2 August | 11:00 - 11:45am

Online
Learn how SAFT Agreements can help your Web3 business when raising capital. Register today for our free webinar.
Register Now

Understanding Your Annual Franchise Update Obligations

Wednesday 3 August | 11:00 - 11:45am

Online
Franchisors must meet annual reporting obligations each October. Understand your legal requirements by registering for our free webinar today.
Register Now

Legal Essentials for Product Manufacturers

Thursday 11 August | 11:00 - 11:45am

Online
As a product manufacturer, do you know your legal obligations if there is a product recall? Join our free webinar to learn more.
Register Now

About LegalVision: LegalVision is a commercial law firm that provides businesses with affordable and ongoing legal assistance through our industry-first membership.

By becoming a member, you'll have an experienced legal team ready to answer your questions, draft and review your contracts, and resolve your disputes. All the legal assistance your business needs, for a low monthly fee.

Learn more about our membership

Need Legal Help? Submit an Enquiry

If you would like to get in touch with our team and learn more about how our membership can help your business, fill out the form below.

Our Awards

  • 2020 Innovation Award 2020 Excellence in Technology & Innovation Finalist – Australasian Law Awards
  • 2020 Employer of Choice Award 2020 Employer of Choice Winner – Australasian Lawyer
  • 2020 Financial Times Award 2021 Fastest Growing Law Firm - Financial Times APAC 500
  • 2020 AFR Fast 100 List - Australian Financial Review
  • 2021 Law Firm of the Year Award 2021 Law Firm of the Year - Australasian Law Awards
  • 2022 Law Firm of the Year Winner 2022 Law Firm of the Year - Australasian Law Awards