Amazon Copyright Infringement Complaints Against Sellers
A Copyright Violation on Amazon is one of the fastest ways Amazon Sellers can suffer damage to their account health, lose listings and account access, or face funds being withheld by Amazon. Copyright violations are one of the three primary types of Intellectual Property Infringement that Amazon Sellers face on the platform.
At Amazon Sellers Lawyer, we represent sellers dealing with Amazon Copyright Infringement complaints, DMCA takedown issues, and repeat copyright violation issues that lead to account level enforcement actions.
If you are searching for a copyright lawyer or copyright attorney who understands how copyright enforcement actually works inside Amazon, this page explains how to proceed with the highest chance of success.
What is Copyright Infringement?
Copyright protection applies to original forms of creative expression. Copyright protection can apply to videos, movies, songs, books, musicals, video games, paintings, etc. Copyright Infringement or a copyright violation on Amazon refers to the unauthorized reproduction, display, distribution, or use of protected creative works. For Amazon Sellers, Copyright Infringement complaints are most commonly linked to:
- Amazon Product Images
- Amazon Lifestyle Photos
- Amazon A+ Content
- Listing Descriptions, Text, Copy
- Packaging Artwork
The Digital Millennium Copyright Act (DMCA) is the United States federal law that governs copyright issues online. Amazon does not review Copyright Infringement violations for accuracy, and instead, follows the DMCA Notice and Takedown framework, typically removing listings immediately following the complaint submission.
DMCA Notice and Takedown Process on Amazon Explained:
Amazon processes Copyright complaints on Amazon via the DMCA framework established under Federal Law. Generally when a rights owner submits a complaint alleging copyright infringement on Amazon, the process is as follows:
Step 1: Amazon Complaint Filed
A rights owner submits a DMCA takedown notification to Amazon, alleging copyright infringement
Step 2: Expedited Enforcement
Amazon usually takes immediate action to remove or suppress the allegedly infringing content. This is because the DMCA protects Amazon from liability if it acts “expeditiously” in response to a properly submitted DMCA takedown notification.
Step 3: Seller Notification
Amazon sends the seller a performance notification of copyright infringement and is given the opportunity to submit an Amazon Plan of Action or Obtain a Retraction from the rights owner.
Step 4: Seller Response Options
We recommend working with a Copyright Lawyer or Copyright Attorney to determine the best response. Depending on the situation, a seller has the option to:
- Remove or replace the allegedly infringing content.
- Submit an Amazon Plan of Action explaining why the complaint is incorrect.
- File a DMCA Counternotice (*HIGH RISK if Misused*).
A DMCA Counternotice is essentially a sworn statement that the seller does not believe the complaint has a legal basis. When a DMCA counternotice is submitted, Amazon is required to reinstate the allegedly infringing content if the rights owner does not file a lawsuit within 10-14 business days. However, a DMCA Counternotice should never be filed without the assistance of a copyright attorney because it also requires the seller to provide their full address and contact information and agree to participate in a lawsuit should the rights owner choose to file a claim.
How to Avoid Copyright Infringement:
On Amazon, we regularly see copyright infringement examples, such as:
- Use of brand owned images copied from other listings or platforms.
- Reuse of competitor photos found online.
- Copying listing text from brand listings or websites.
- Packaging of counterfeit products
It is important to gain a general understanding of copyright infringement law as an Amazon seller and work with copyright infringement lawyers to ensure your account remains protected from copyright violations and DMCA takedowns.
Why Copyright Issues Escalate on Amazon:
A single Copyright infringement complaint can usually be resolved without major damage to Amazon Account Health. However, multiple or repeated complaints received can often lead to more serious issues such as:
- Account Health Degradation
- Listing Suspensions
- Amazon Account Suspended
- Trust based enforcement decisions that are more difficult to appeal.
Repeated receipt of Intellectual Property Infringement complaints, including copyright violations often escalate into Section 3 Suspensions – one of the most difficult account level enforcement actions to overcome.
Copyright Lawsuit - When Copyright Disputes Turn into Legal Action:
Sometimes copyright infringement issues do not stop with the DMCA Notice and Takedown procedures. Many high value cases result in complainants pursuing:
- Federal Copyright Litigation
- Temporary Restraining Order (TRO)
- Asset and Funds Freezes
If your account is hit with a TRO, Amazon must follow the court order. It is critical to respond to IP complaints and work with a copyright attorney familiar with Amazon to protect your account from permanent harm. Some cases also require an Amazon Lawyer to initiate Arbitration against Amazon – especially when Amazon fails to comply with the DMCA notice and takedown process.
Speak with a Copyright Attorney for Amazon Sellers Today:
If your listings were removed, Amazon account is at risk, or you have received repeated copyright infringement complaints or copyright violations, the way you react is critical to success. Amazon enforcement is fast, typically automated, and unforgiving if improperly handled. Filing an Amazon DMCA counternotice is a high-risk legal action that should never be submitted without guidance from a copyright attorney.
Contact Amazon Sellers Lawyer to speak with an Amazon Copyright Lawyer today!