Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
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If someone has copied your online course content, your first move is to preserve evidence, ask the platform to remove it, and put the copier on notice that they don't have permission to use your materials.
The slightly more nuanced part is working out exactly what they copied, who owns the copyright, where it's hosted, and what outcome you want. A copied sales page might need a different response from a full course re-uploaded to another platform.
It can feel personal when you've spent months building modules, worksheets and videos, only to see them reused by someone else. The good news is that Australian copyright law gives you some clear rights, and a practical plan can often stop the copying before it causes bigger damage.
Can Someone Legally Copy My Online Course Content?
No, not if they've copied your original course materials without permission and no exception applies. In Australia, copyright protection is automatic under the Copyright Act 1968, so you don't need to register your course with a government agency before you have rights.
Copyright can protect the way your course content is expressed, including:
- video lessons and audio recordings
- slides, workbooks, templates and worksheets
- written modules, lesson notes and scripts
- downloadable resources, checklists and diagrams
- images, graphics and course branding elements, if they're original
Copyright doesn't protect a general idea, teaching method or topic. For example, you can't stop every other business from teaching a course on social media marketing. But if someone copies your exact lesson structure, wording, slides and worksheets, that's a very different situation.
You also need to check that your business actually owns the content. If you created it yourself, the answer is usually straightforward. If a videographer, designer, copywriter or subject matter expert helped create it, ownership depends on your contractor agreement or content licence with them.
A common trap is assuming that because you paid a contractor, you own all IP. That's not always right. Unless your contractor agreement assigns copyright to your business, the contractor may still own parts of what they created. That can make enforcement harder, so it's worth checking your contracts before you send formal demands.
What Should I Do First If Someone Copied My Course?
Start by gathering evidence before you contact the person or platform. Copied content can disappear quickly once the other side realises you've noticed, so your records matter.
Step 1: Capture The Evidence
Save clear proof of what was copied and where you found it. Try to collect:
- screenshots showing the copied content, page names and dates
- screen recordings if the copy is inside a course portal or video platform
- copies of sales pages, ads, emails or social posts promoting the copied course
- URLs, account names, platform names and profile details
- receipts or enrolment records if you bought access to confirm the copying
- your original files, drafts, upload dates and creation records
Step 2: Work Out What Was Copied
Separate the copied parts from anything that's merely similar. A similarity chart can help. Put your content in one column, their version in the next, and a short note explaining what's the same.
This helps you avoid overclaiming. It also makes it easier for a platform, lawyer or business contact to understand the problem quickly.
Step 3: Decide What Outcome You Want
Most course creators want one or more of these outcomes:
- the copied course, post or download removed
- the person to stop selling or sharing it
- written confirmation they won't use it again
- payment for past use, especially if they've made sales
- details of where the content came from, if you're worried about a leak
Say Jade runs a Melbourne-based online pilates instructor course priced at $499. She discovers another trainer selling a $99 course with six of her eight worksheets copied almost word for word. Jade screenshots the course page, buys the $99 course, records the copied worksheets inside the portal, and compares them with her original files from 2023. With that evidence, she's in a much stronger position to ask the platform to remove the copied materials and send a clear demand to the other trainer.
How Do Takedown Notices Work In Australia?
A takedown notice can work, but the process depends on where the copied content is hosted. There isn't one universal Australian takedown form that applies to every platform, marketplace, social media site or learning management system.
Many large platforms have their own copyright complaint process. If the platform is based in the United States, you may see references to the DMCA, which is a US copyright takedown process. Even if you're in Australia, you may still need to use that platform's DMCA-style form because that's how the platform handles copyright complaints.
For Australian-hosted services, copyright complaints may still be handled through the platform's IP policy, terms of service or safe harbour process under the Copyright Act.
The practical point is the same: give the platform enough information to identify your work, identify the copy, and disable access.
What To Include In A Takedown Notice
A good takedown request usually includes:
- your full name and business details
- a description of the original course content you own
- where your original content can be found, if it's publicly available
- the exact location of the copied content
- a short explanation of why you believe it's infringing
- a statement that you haven't authorised or licensed the use
- your requested action, such as removal or disabling access
- your contact details and signature or electronic confirmation
Be accurate and keep the tone professional. False or exaggerated copyright claims can create their own problems, especially if the other side says your notice caused their lawful content to be removed.
If the copied content appears on several sites, deal with the highest-impact locations first. That might be the checkout page, the course hosting platform, a social media ad library, a marketplace listing or a file-sharing page.
Should I Send A Cease And Desist Letter?
Yes, a cease and desist letter is often useful when you know who copied your course and you want a direct, formal response. It can sit alongside a platform takedown request.
A cease and desist letter tells the copier what rights you say they have infringed, what you want them to do, and when you expect a response. For urgent copying, you might ask for removal within 2 to 3 business days. For a less urgent issue, 7 days is a common practical deadline. The right timing depends on how serious the damage is and how quickly the content is spreading.
Your letter might ask them to:
- remove the copied videos, downloads, pages or ads
- stop selling or distributing the copied course
- delete all copies from their systems
- confirm who received access to the copied content
- provide sales numbers or revenue details
- pay an agreed amount for past use, where appropriate
- give written undertakings that they won't copy your content again
Keep the letter firm but measured. Overly aggressive threats can make the dispute harder to resolve, especially if part of the claim is debatable.
If the other side replies with a genuine explanation, such as saying a contractor supplied the content, don't ignore it. That may give you another enforcement path. If they deny everything, you may need a lawyer to review the evidence and decide whether to negotiate, escalate platform reports, or refer you to a disputes lawyer if court action becomes necessary.
What Documents Help Protect My Course Content?
The best protection comes from a mix of copyright notices, clear online course terms and conditions, and strong IP clauses with anyone who helps create the content. None of these stop every bad actor, but they make your position clearer and easier to enforce.
Course Terms Outline
Your course terms should be tailored to how you sell and deliver your course. A template can miss key details, especially if you use subscriptions, cohorts, lifetime access, content licences for teams or downloadable templates. Before you use any outline, have a lawyer adapt it to your business and the Australian Consumer Law.
- Course Access: say who gets access, for how long, and whether access is personal or can be shared with a team.
- Permitted Use: explain that students can use materials for their own learning or business use, if that's intended.
- Prohibited Use: ban copying, resale, public sharing, uploading, scraping, recording and using materials to create a competing course.
- Intellectual Property: state that your business keeps ownership of course materials, videos, downloads and branding.
- Account Security: require students to keep logins private and tell you if they suspect unauthorised access.
- Suspension And Termination: explain when you can suspend access for misuse, while keeping the clause fair and proportionate.
- Refunds And Consumer Rights: set out your refund rules without excluding rights under the Australian Consumer Law.
- Evidence And Enforcement: reserve your right to investigate misuse and take steps to protect your IP.
Copyright Notices And Watermarks
A copyright notice isn't required for protection in Australia, but it helps show that your materials are owned and not free to copy. You can add a notice to slides, PDFs, workbooks, footers and course portals.
Watermarks, student names on downloads, access logs and unique file names can also help you trace leaks. Just make sure any data collection or account monitoring lines up with your privacy obligations under the Privacy Act 1988, if it applies to your business.
Contractor IP Clauses
If contractors help create your course, your agreement should clearly assign IP to your business. It should also cover moral rights consents, confidentiality, use of third-party materials, AI-generated content if relevant, and a warranty that the contractor hasn't copied someone else's work.
This is one of the easiest places to prevent future arguments. If you don't have it in writing, you may struggle to prove that your business owns every part of the course you're trying to enforce.
What If A Student, Contractor Or Competitor Is Involved?
It depends on who copied the content, because each situation calls for a different response. The legal rights may be similar, but the practical strategy changes.
If A Student Shared Your Content
Check your online course terms first. If they ban sharing logins, uploading downloads or reusing content to teach others, you can point to those terms when suspending access or demanding removal.
Be careful if you're dealing with an individual consumer. Your terms still need to comply with the Australian Consumer Law, including the unfair contract terms regime. Since November 2023, businesses can face penalties for using unfair standard form contract terms with consumers or small businesses, so heavy-handed clauses can create risk.
If A Contractor Reused Your Materials
Look at your contractor agreement. If it assigns IP to your business and includes confidentiality obligations, you'll usually have a cleaner path to demand that they stop using the materials.
If there's no written assignment, get advice before making strong ownership claims. You may still have options, but the facts matter.
If A Competitor Copied Your Course
For a competitor, move quickly and focus on the commercial harm. That might include confusion in the market, undercut pricing, copied ads or misuse of your brand assets.
If they've copied your course name, logo or brand, check whether you have registered trade marks with IP Australia. Copyright can protect course materials, but trade mark registration can be very helpful when someone uses a similar name or logo to sell competing education products.
If the copying includes false claims, fake affiliations or misleading comparisons, the Australian Consumer Law may also be relevant. For example, a competitor shouldn't suggest their copied course is approved by your business if that's not true.
Key Takeaways
- Copyright protects original course materials automatically in Australia, but it protects expression, not broad ideas or teaching topics.
- Save evidence before you contact the copier, including screenshots, recordings, URLs, dates and your original files.
- Takedown notices usually go through the platform hosting the copied content, and the process can differ across Australian and overseas services.
- A cease and desist letter can help you demand removal, sales information, payment or written undertakings where the facts support it.
- Course terms, copyright notices and contractor IP clauses make it easier to protect your content before copying happens.
- If ownership, contractors, trade marks or Australian Consumer Law issues are involved, tailored advice can help you choose the safest next step.
If you'd like help with your course terms, takedown strategy, contractor IP clauses or a cease and desist letter, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.
Drafted by Taylor, Sprintlaw's AI, and overseen by Alex Solo. How we write
Protect the asset behind the name or work
What should you clear, own or register?
Searches, ownership chains, assignments, licences and registrations solve different risks. Start by identifying the asset and how the business uses it.
Alex SoloCo-Founder
