Dealing With Copyright Infringement Complaints on Amazon
If you are an Amazon seller, we know one of your worst fears is receiving a baseless complaint against your ASIN(s) or your account. When this happens, it can end up costing you and your company time, revenue, and reputation. Our Amazon Seller copyright attorney explains the best way to handle these situations.
The first thing to understand is that most copyright complaints on Amazon relate to the unauthorized use of photos, product designs, marketing material, or verbiage that belongs to another person. Regardless of whether the claims are false or legitimate, these violations will negatively impact your business. If you received a copyright infringement complaint despite using your own content on your product page, you or your Amazon Seller copyright attorney may file a counter-notice under the Digital Millennium Copyright Act (DMCA). The DMCA was passed in 1988 and holds a place of significance where technology, the internet, and copyright law intersect. It provides a way for owners of copyrighted materials to deal with their material being accessed and used by another.
DMCA Counter-Notice Requirements
The counter-notice must include:
- Your physical or electronic signature. You can sign electronically by typing your name with an indication that it is intended to be a signature: “/s/ Seller Name.”
- Identification of the material that has been removed or to which access has been disabled and the specific location where the material appeared before it was removed or access was disabled.
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your seller address is located; or, if you are located outside the United States, to the jurisdiction of the United States District Court for the Western District of Washington, and that you will accept service of process from the person who provided notification of alleged copyright infringement or an agent of such person.
After the DMCA Counter-Notice Is Filed
Once the DMCA counter-notice has been served on the service provider, they will forward that counter-notice to the person or entity that sent the original takedown notice The service provider then waits 10-14 days to see what happens between the copyright owner and the accused infringer. If the copyright owner moves forward and takes legal action against the person or entity they have accused of copyright infringement, the service provider will keep the material in question off their site. If, however, the copyright owner takes no further action, then the service provider will re-activate the allegedly infringing material on their site.
Speak With A Knowledgeable Amazon Seller Copyright Attorney at ESQgo
If you or someone you know has been wrongfully accused of copyright infringement, get in touch with us today. Our team will do everything we can to help you resolve your issue and get you back to selling on Amazon. If that involves filing a DMCA Counter-Notice, an Amazon Seller copyright attorney from our firm will assist you with every part of the process.