How To Deal With Amazon IP Complaints: Copyright Infringement

According to the United States Copyright Office, copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner. 

Claims of copyright infringement on the Amazon marketplace have increased significantly lately, and the majority involve the use of photographs. While some of these complaints are legitimate, many are not. 

Whether or not a copyright complaint lodged against you has any merit will determine the proper way to proceed. If you have specific questions regarding a complaint made against you, an Amazon seller lawyer at ESQgo can help. 

Complaints Without Merit

Even if a complaint of copyright infringement is completely without merit, and you have used your own content on your product detail page, it is necessary to take the complaint seriously. 

In such cases, you may file a counter-notice under the Digital Millennium Copyright Act. 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. Here, an ASIN is generally sufficient.
• A statement under penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of error or misidentification of the material to be removed or 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.

Complaints With Merit

If a complaint has been lodged against you, and you realize you have used someone else’s content on your page, immediately remove the material from your product page and replace it with your own material. 

Once this has been completed, you will need to submit a plan of action through the Amazon Account Health page. It would also be in your best interest to contact an Amazon seller lawyer to assist you in handling this complaint.

Speak with an Amazon Seller Lawyer at ESQgo

At ESQgo, our attorneys are focused on helping sellers on Amazon Marketplace not only protect their business but to grow and thrive. If you have a complaint filed against you for copyright infringement, you need to contact an Amazon seller lawyer as soon as possible, as there are time limits on how quickly you must respond. We can be reached via our contact page.