Understanding Amazon Copyright Infringement for Sellers
Receiving a copyright violation on Amazon can cost you sales and lead to account suspensions. Building an understanding of how Amazon copyright cases play out is necessary to proper handling of your case.
In this guide, we explain common causes for copyright violations, use Amazon Sellers Lawyer case data to explain appeal strategies, and answer your most immediate questions on what to do when your products are facing suspension.
What Causes Amazon Copyright Infringement Violations?
Copyright is part of intellectual property (IP) law that protects a brand’s image, text, logo, and other creative works. Amazon copyright violations typically arise from a brand owner reporting your product’s store page.
Receiving notice of a violation does not mean that you are guilty; to the contrary, Amazon often suspends accounts prior to completing an investigation. Brands have also been known to use brand protection tools on Amazon as an intimidation tactic even when they do not have a valid case against you.
The consequences of copyright violations on Amazon can be stark, immediate listing suspensions, escalation to seller account-wide suspension, and legal action if left unresolved.
Guide To Amazon Copyright Infringement Appeal Strategy
The first step to appealing violations is to remove any content that is claimed to be infringing. This does not act as an admission of guilt, but helps to reduce the likelihood of escalated legal action against your product.
Your next step should be to consider options that can lead to a retracted complaint. If you have strong evidence that the brand’s claims are false, it is possible to push them to remove their complaint with no concessions. Additionally, if you are willing to exit the product space to avoid legal action, negotiated retractions can expedite a resolution.
Plans of Action (POAs) are Amazon’s internal route to appeals for all kinds of suspensions. Writing a POA consists of a root cause analysis, explaining the corrective actions you have taken, and showing how you will avoid future violations. Restoring your account listing will typically occur through a POA with supportive documentation.
If POAs are unsuccessful, counter-notices can be filed to escalate the appeals process. Counter-notices are claims that your content has been wrongfully suspended and require strong supportive documentation proving that you have the rights to materials used on your storefront.
Further escalation can be taken against Amazon and your complainant if necessary to resolve issues. This can include seeking damages for lost sales and other legal maneuvers that pressure your complainant to retract the complaint as soon as possible.
What Documentation Best Supports Copyright Appeals on Amazon
- Proof of Image, Text, etc. creation
- Payments to designers for works claimed to be violating copyright law
- Documentation of rights to use images from manufacturers
How Amazon Sellers Lawyer Wins Cases
Amazon Sellers Lawyer frequently takes on clients dealing with copyright infringement suspensions. One case type that we often see is a client who reaches out after being suspended for allegedly misusing another brand’s images on their storefront. This is one of the most common reasons for copyright suspensions, so when a client recently contacted us about a copyright infringement suspension, we knew exactly what evidence to look for.
We worked with the client to gather documentation that proved they had the rights to images used on their storefront and drafted an internal appeal. Without the need for filing counter-notices, we resolved the copyright violation for our client and helped safeguard them against future claims by analyzing potential vulnerabilities on their product page.
While the cause of this suspension is very common, the key to our quick resolution was working one-on-one with the client. By starting with analyzing their position and understanding what evidence they had, we were able to present a strong case for reinstatement that Amazon accepted without the need for further appeals.
Common Seller Questions For Copyright Infringement on Amazon
What is the first step to resolving copyright violations on Amazon?
The first two steps go hand in hand, look at your storefront to analyze what aspects are being claimed as infringing and document them. Then remove any content that may be infringing and seek out documentation related to how you acquired that content.
What should I do if an Amazon copyright violation escalates to legal action?
If you are facing a legal case against you, it is best to contact legal counsel as soon as possible so they can begin understanding the claims against you and building a case.
What is the timeline for Amazon copyright infringement cases?
The timeline for restoring your listings is dependent on the circumstances of your case. Reaching out to representation allows us to give a more firm estimate of when your suspension will be resolved.
What happens if my product listing is flagged for copyright violations by a large retailer?
Large retailers have the time and resources to pressure smaller sellers. Their team will look to pressure you first through Amazon’s brand protection tools, then consider legal options if you do not adequately address their allegations.
Can I use images from other product listings for my own items on a shopping website?
A: You should own the rights to any images you are listing on your storefront. Taking images from other products can lead to intellectual property based product and account suspensions. When using images that you did not take yourself, make sure to document your ownership or rights to use.
Next Steps for Suspended Amazon Sellers
If you are not sure what your next step towards resolution should be, contact Amazon Sellers Lawyer today! We focus on helping sellers like you navigate suspensions, create winning Plans of Action, and get back to business as usual. Fill out our online form here or call us at 212-256-1109.
About the Author
CJ Rosenbaum, Esq.
CJ Rosenbaum is the founding partner of Amazon Sellers Lawyer. He’s been practicing law since 1995, and since 2016 his firm has focused exclusively on Amazon sellers – issues like suspensions, intellectual property disputes, and love inventory.
CJ has written six books on Amazon seller legal issues including the Amazon Sellers’ Guide to Copyright Law. He has spoken at major industry events like the Prosper Show, Global Sources Summit, Retail Global. CJ also works with the Amazon Sellers Lawyer team to provide free content for Amazon sellers. This is available through their online blog and YouTube channel, frequently covering major Amazon updates and important topics relevant to the seller space.
Through BrandProtectionAmazon.com, the firm also supports brands in protecting their products. This gives the team the unique opportunity to learn from case wins on both sides of the fence, strengthening protection for both the sellers and brands that Rosenbaum & Segall P.C. represents.
Amazon repeatedly rejecting your Plan of Action? Amazon Sellers Lawyer handles suspension appeals and account reinstatement cases every day – including arbitration against Amazon when they’re withholding seller money. Contact us to discuss your situation and figure out the best path forward.