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Whether a competitor may copy your product descriptions depends on their originality. If your text has a unique, creative character, it is protected by copyright and no one else may copy it. Short, purely factual descriptions often do not enjoy this protection.
Copyright on product descriptions
A product description can be protected by copyright, but only if the text has a unique, original character and bears the personal stamp of the creator. A creative, distinctive description falls under this; a list of mere specifications or facts usually does not.
When can you perform?
If a competitor copies your protected text — literally or with minor modifications — they infringe your copyright. You can then demand removal, an injunction, and damages. The situation is more difficult with standard texts or information provided by the manufacturer, because originality is often lacking or the rights lie elsewhere.
Be careful with other people's texts
Conversely: do not simply copy descriptions from another webshop, even with minor changes. If the manufacturer provides insufficient information, write your own text. This is not only legally safer but also better for your findability: search engines value unique content.
Protect your own content
Invest in distinctive, original product copy and document who created it. This way, you build protection and stand in a stronger position if someone else runs away with it.
Frequently Asked Questions
Is a competitor allowed to copy my product descriptions?
Not if your text is original and creative enough; then it is protected by copyright. Purely factual descriptions are often not protected.
May I use texts from the manufacturer?
Only if the manufacturer allows it. The rights often lie with them; ask for permission or write your own text.
What can I do when copying?
In the event of infringement of a protected text, you may demand removal, an injunction, and damages.
Protect your content or address an infringement?
Our legal experts advise on copyright for webshop text. View our copyrightteam, perform a legal scan of your webshop, or schedule a free consultation.
