Sending DMCA Counter Notices to Amazon When Sellers Are Wrongfully Accused of Copyright Infringement
Intellectual property complaints are some of the most harmful issues plaguing Amazon sellers’ accounts. If you’re wrongfully accused of copyright infringement, watch this video!
These issues pop up when an Amazon seller receives a notice that they’ve been accused of violating someone’s copyright.
Copyrights are intended to protect the original expression of an idea in the form of a creative work, but not the idea itself.
In terms of Amazon, copyrights generally deal with the use of someone’s images, product designs, marketing material or verbiage. While most sellers take extra precautions to prevent copyright issues, the owners of a copyright may not be as cautious.
Oftentimes, copyright owners seek to wield the power of their copyright to kick off sellers and limit a growingly competitive market on Amazon.
While many sellers may feel they have no options to defend against these baseless claims, the Digital Millennium Copyright Act (DMCA) offers a way for sellers to fight back.
The DMCA, enacted in 1998, is a legal document where the Amazon seller accused of copyright infringement attests that they did not violate the complainant’s intellectual property strongly enough that they agree to accept service of a lawsuit from their accuser. This lawsuit, in many cases, does not materialize and has a time constraint. If the copyright owner does not respond to this DMCA counter notice by filing a lawsuit within 10 business days, Amazon must remove the complaint from the seller’s account and reinstate their listing.
While there is risk that comes with a DMCA counter notice, it is an essential tool for a seller to have at their disposal when fighting back against baseless claims.
Recently, many sellers haven’t been receiving a response when sending over counter-notices to Amazon through the suggested email, counter-notice@amazon.com. By delaying their response to a seller’s counter-notice, Amazon is essentially continuing to push back the goal posts for sellers to get back to selling. This lack of a response by Amazon only compounds the frustration of sellers who are already dealing with the effects of these false claims. Time spent waiting for Amazon to respond only adds to the time a seller is left being unable to sell their product due to these claims.
We have also been experiencing this delay by Amazon and have found a solution rooted in an old-school approach, the fax machine.
While many sellers may have not seen or used a fax machine in quite some time, this tried-and-true approach has been a successful way to deal with Amazon’s cold shoulder. We’re not suggesting faxing it over to their outside counsel but, Amazon’s inside legal department. Forget the run-arounds and go straight to the source.
These types of tips are just a small portion of what we can provide to sellers that are continuously frustrated and struggle with Amazon. Over the years, our firm has consistently protected Amazon sellers from false copyright infringement claims and the growing number of other issues a seller may face.
If you or someone you know has been wrongfully accused of copyright infringement, feel free to reach out to us for a free consult. We’ll do everything we can to help you resolve your issue and get you back to selling on Amazon.
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