Amazon Sellers' Guide to Copyright Law

By CJ Rosenbaum, Anthony Famularo, Levi Stewart & RJ Cherpak

Book: Amazon Sellers Guide - Copyright Law

This book focuses on teaching Amazon sellers about United States copyright law.

A copyright by definition covers: literary, musical, dramatic works, pantomimes, choreographic works, pictorial, graphic, sculptural works, motion pictures, sound recordings, and architectural works.

It is important for sellers to know how to properly file a copyright and to understand under what conditions a copyright protects.

Avoid problems before they arise by protecting your brand from the start.

We’ve successfully reinstated thousands of accounts, obtained retractions of the vast majority of intellectual property complaints asserted against our clients, and resolved many issues with Amazon’s lawyers and staff in the US, India, Ireland, Costa Rica, and the United Kingdom.

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Amazon has a program called AmazonSmile. You sign on through AmazonSmile then it allows you to pick a charity. Once you pick a charity, it doesn’t cost you, the buyer, anything. It doesn’t cost the seller anything. Amazon then kicks back a small portion of the sale to the charity you pick.

Our charity is the Ty Louis Campbell Foundation. It was founded by a close friend of mine named Lou Campbell and his incredible wife, Cindy. When they lost their son Ty, they turned tragedy into triumph and their pain into productivity as they created this foundation. If you’re shopping on Amazon, use AmazonSmile and I would ask you to pick the Ty Louis Campbell Foundation.

Ty Louis Campbell Foundation

All donations go to the Ty Louis Campbell Foundation

Amazon will donate money to the foundation to help find better treatments and, God willing, a cure to pediatric cancer. By doing this, I’m helping to raise money, you’re helping to raise money, and together we are helping to make this world a better place.

The Ty Louis Campbell Foundation is a nonprofit organization that funds innovative research and clinical trials specifically geared toward the treatment of the most aggressive childhood cancers with a strong focus on brain tumors.

Their mission is to help fund the intelligence and technology that will improve long-term survival rates and minimize side-effects for children diagnosed with the deadliest cancers, while helping to care for families when their child is in treatment by providing financial assistance and uplifting experiences. (EIN: 45-1858390)

We wrote the books on doing business on Amazon and maintain the #1 site for Amazon sellers.

Our firm can assist you in discovering the issues within your Amazon account that caused a suspension. We’ll provide a detailed analysis of your account, identify the underlying issues, and figure out how to address each of them before we complete your Plan of Action and get your account reinstated.

If you've been suspended on Amazon, contact us about your case:

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Amazon Sellers Lawyers reviews
Hillel M.
Hillel M.
14:41 14 Oct 21
Top notch law firm for Amazon 3rd party sellers. We had a stressful situation with a copyright complaint and hired this firm to help. Nicole made the onboarding easy enough. Declan who was assigned to the case was responsive and guided me through this situation to the satisfactory and successful result.
PPP
PPP
16:04 15 Aug 21
We contacted Rosenbaum Famularo & Segall to help us on an IP matter on Amazon. David and Yasmine immediately understood our issue and helped us negotiate a successful settlement agreement, secure a retraction from the opposing party and finally get our listing reactivated, all under a very tight deadline. They were with us throughout the process, promptly and expertly responding to all our questions and inquiries. Can’t recommend the firm highly enough for matters concerning Amazon. You’re in excellent hands with Rosenbaum Famularo & Segall!
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Rosenbaum, Famularo & Segall, PC focuses on 3 major areas for Amazon sellers:

  1. Suspensions: Plans of Action for non-legal suspensions and obtaining withdrawals of intellectual property right complaints.
  2. Representing Sellers in Arbitration: when Amazon refuses to reinstate accounts or seizes money/goods belonging to Amazon sellers.
  3. Brand Protection: for private label sellers on all web platforms.

Amazon Sellers’ Guide: Copyright Law

TABLE OF CONTENTS

Introduction

Purpose of this Book ……….. v

Firm Profile ……….. v

Authors’ Profile ……….. viii

Legal Disclaimer ……….. xii

Chapter 1: A Brief History of Copyright Law ……….. 1

I. The Development of the Printing Press ……….. 1

II. Statute of Anne ……….. 4

III. 1909 and 1912 Copyright Act ……….. 6

IV. Sound Recording Amendment of 1971 ……….. 7

V. Copyright Act of 1976 ……….. 8

VI. Berne Implementation Act of 1988 ……….. 9

VII. Copyright Renewal Act of 1992 ……….. 12

VIII. Copyright Term Extension Act (CTEA) of 1998 ……….. 14

IX. Digital Millennium Copyright Act of 1998 ……….. 16

Chapter 2: Outline of Copyright Law ……….. 19

I. Legal Framework ……….. 20

II. Works Eligible for Copyright Protection ……….. 21

III. Copyright Ownership ……….. 22

IV. Copyright Formalities ……….. 22

V. Copyright Duration ……….. 28

VI. Licensing Requirements ……….. 29

VII. Exclusive Rights ……….. 30

VIII. Statutory Exceptions ……….. 32

Chapter 3: Digital Marketing Copyright Act & Online Copyright Issues in General ……….. 36

I. History of the DMCA Enactment ……….. 36

II. Purpose of the DMCA ……….. 37

III. Online Copyright Infringement & Liability Limitation Act ……….. 39

IV. Impact of DMCA ……….. 49

Chapter 4: Copyrightable Subject Matter on Amazon ……….. 51

I. What Types of Works of Authorship are Copyrightable on Amazon? ……….. 51

II. How do I know if I Own the Copyright for the Product I am Selling? ……….. 54

III. What Types of Copyright Claims are Typically Brought Against Amazon Sellers? ……….. 54

IV. Conclusion ……….. 55

Chapter 5: Protecting Your Product and Fighting Infringers ……….. 56

I. Why File for Copyright? ……….. 56

II. What Work Products Should be Copyright Protected? ……….. 58

III. How to Secure a Copyright with the USPTO ……….. 59

IV. The Application ……….. 60

V. Mandatory Deposit Requirements ……….. 63

Chapter 6: Defenses to Copyright Infringement on the Amazon Platform ……….. 67

I. Copyright Infringement ……….. 67

II. The Doctrine of Fair Use ……….. 69

III. The Doctrine of De Minimis Use ……….. 72

IV. The First Sale Doctrine ……….. 73

V. Conclusion ……….. 75

Chapter 7: Copyright Claims, Complaints & Suspensions ……….. 76

I. Operating on Amazon ……….. 76

II. What the Seller Should Do if They Receive an Intellectual Property Rights Complaint ……….. 77

III. Intellectual Property Plan of Action ……….. 80

IV. When the Complainant Refuses to Withdraw the Complaint ……….. 85

Chapter 8: Conclusion ……….. 87

I. Brief History of Copyright Law Review ……….. 87

II. General Outline of Copyright Law Review ……….. 89

III. Digital Millennium Copyright Act Review ……….. 92

IV. Copyrightable Works on Amazon Review ……….. 95

V. Protecting Your Brand & Fighting Infringers Review ……….. 96

VI. Defenses to Copyright Infringement Review ……….. 96

VII. Copyright Claims, Complaints & Suspensions ……….. 98

Table of Authorities ……….. 102