Amazon, like any other multi brand trading platform with hundreds of thousands of different suppliers, regularly faces cases of copyright infringement. In this article, we will explain how to behave in a situation where you received a message about an Amazon copyright infringement complaint or became a victim of it.
- 1 What Does ‘Copyright Infringement on Amazon’ Assume?
- 2 Copyright Infringement on Amazon: What to do if Your Copyright is Violated
- 3 Copyright Infringement on Amazon: How to Act if You’ve Received a Copyright Infringement Notification
- 4 Copyright Infringement on Amazon: Summary
What Does ‘Copyright Infringement on Amazon’ Assume?
Copyright infringement is a legal violation pursued by law that involves the use (copying, selling, transferring) by a person or organization of material(s) authored by someone else without the author’s consent, with an ultimate goal of receiving profit.
In turn, the copyright owner can draw up an official complaint (letter of appeal) about the detected offense, proving that the ownership of the unique material belongs to them. The same can be done by anyone who discovers the offense (i.e., a witness).
In the context of trading on the Amazon platform, copyright infringement can be interpreted in the following two ways.
– First interpretation. You, as the copyright owner, discovered or received a lead that a trader on Amazon is selling your intellectual property without proper authorization. This gives you the right to challenge the legality of their actions.
– Second interpretation. You, as a seller, place the products in your own store on Amazon. After some time, you are notified by mail from Amazon’s customer service that you have committed an offense. Now, if you do not immediately remove the offending goods for sale, you will be penalized by the platform or even sued by the copyright owner.
If your case corresponds with either of these options, read the following guide on conflict resolution.
Copyright Infringement on Amazon: What to do if Your Copyright is Violated
Now, let’s consider the procedure for appealing against copyright infringement in the event that you are a victim.
Ensure that you can prove your claim
If you discover that one of the sellers on Amazon has violated your copyright, make sure that you can prove the offense. To do this, establish whether you have registered your brand (trademark) directly on Amazon and also verify that you have a notarized signature to prohibit the sale of your brand products by unauthorized retail and wholesale traders.
Report your claims
If you are sure that your claim can be easily evidenced and confirmed legally, proceed with the Amazon copyright infringement letter appeal. Initially, it should be sent to Amazon customer support. Also, you will have to formalize your complaint by filling out the Amazon copyright infringement form, where you need to describe the essence of the problem in detail and provide all related documents that confirm your legal rights and the facts behind the violation.
At that point – and only then – if Amazon employees are for some reason not able to help you (which is very rare), you should contact the merchant directly. It is highly desirable to draft such letters with the help of lawyers who will be able to point out all the details of the offense correctly and legally (if you use insults and obscene language, it may serve as a reason for a counterclaim).
Of course, the seller can ignore your letter. Only then must you appeal with the request to law enforcement agencies. Thus, you can count on the idea that your complaint will be settled fairly.
Copyright Infringement on Amazon: How to Act if You’ve Received a Copyright Infringement Notification
Now that we have figured out what “copyright infringement” is in the case of trading on Amazon and what to do if your copyright is violated, we suggest that you read the additional instructions that will help you avoid litigation if you’re blamed in that situation.
Check the Authority of the Sender in this Case
If the letter you received was not sent by the Amazon service department but, rather, by another seller, this is an important reason to doubt the validity of their actions. No one other than Amazon employees have the right to threaten to block your merchant account.
So, what if your offense was noticed by a representative of the brand? In this case, they must contact Amazon’s support associates first (as described above), who, in turn, would make a claim to the supposed perpetrator. All other attempts to charge you with copyright infringement can be perceived as an attempt by competitors or other ill-wishers to disturb your business.
What should you do if the letter actually does come from Amazon? In this case, you may have purchased the goods not from official suppliers but from some intermediary, and the applicant would have every right to present you with claims for the withdrawal of their trademark goods from your assortment.
Moreover, if you ignore the claim, you can be prosecuted legally. Large brands usually win in such disputes because they already have a lot of experience in these kinds of litigations. If you are not sure if the supplier has a legal right to resell, it is better to refuse to trade products from world-famous brands (such as L’Oreal, LVMH, Procter & Gamble, etc.) from the start.
Contact the Copyright Holder Personally
Having received a letter about your offense from Amazon, try to personally contact the brand whose copyright you’ve violated. Write a letter to his representatives with an apology and an explanation that your misconduct was not intentional. Inform them that you will correct the situation as soon as possible. Observe courtesy and prepare to agree to the terms of the interlocutor, as this will be the key to mutual understanding.
Initiate Conflict Resolution
Before removing the goods from your store, make sure that the copyright was actually violated. Consult with a lawyer or, in some disputed cases, you may want to hire an attorney. If you are sure that you are in the right, try to solve the conflict by writing back to Amazon and stating the violation of your trading rights on the platform. Do not be rude or negative about the situation.
Try to be as objective as possible, stating the moments where the declarer is wrong about the Amazon copyright infringement policy violation. Also, be sure to state that you have done everything possible to resolve the conflict without the involvement of the judiciaries (at least three emails have been sent, at least three calls have been made, the disputed goods have been removed from the sale, etc.).
Note that, if you have not received any response from the rights holder, it is possible that you are being manipulated by someone from their staff backed by personal interests.
If the Amazon report copyright infringement was not true and you can prove it, the proceedings will stop and your account will be restored after a few weeks. All the details about the investigation would stay confidential, and you can immediately renew your trading activities.
Copyright Infringement on Amazon: Summary
In this article, we strove to comprehensively cover the topic of how to claim copyright infringement on Amazon. Following the above recommendations, you can easily resolve controversial situations related to Amazon copyright infringement.
However, if your account is still blocked or, if you, as an injured party, can not force the seller who violated your copyright to remove the disputed goods from their store, contact us today! We will help you achieve the best and most positive results in your dispute, and we’ll do everything to avoid unsuccessful litigation.