Nov 4, 2021
Every year, many Amazon sellers are accused of copyright infringement which can significantly impact sellers’ accounts. These claims result in ASIN suspensions and may even lead to account suspensions. Most copyright claims on Amazon.com are related to photographs, verbiage, and designs but many sellers are often unsure how to resolve these disputes.
First, do not panic! Often, these complaints are filed without merit, so it is best to stay calm, review the complaint details, and address the issue. Do not ignore it!
Second, sellers should thoroughly review the listing(s) at issue to ensure an original work was not copied or distributed without permission. You may need to research the U.S. Copyright Office Records to obtain the basis of the complaint. To further inspect the Copyright Office records, you can contact the Records Research and Certification Section to request copies of the copyright records.
Third, contact the rights owner and request a retraction. The rights owner’s contact information is typically provided in the notice of infringement. However, the copyright registration number is rarely included.
Fourth, submit an appeal with Amazon detailing why you were wrongfully accused. While Amazon often relies on the Digital Millennium Copyright Act (“DMCA”) procedure which is discussed further below, appealing is a less risky option.
Fifth, file a DMCA counter notice. The DMCA counter notice procedure provides complaint recipients with protection from a wrongful claim of copyright infringement. While counter notices have a higher chance of success, they carry a higher risk as you are agreeing to accept service of a lawsuit.
If you are not comfortable with any of the above, contact a lawyer to assist. The Law Office of David Allen Miller is experienced with copyright disputes along with other Amazon related and intellectual property matters. If you are facing a copyright issue, contact us for a free consultation!