Copyright Infringement on Amazon – Establishing a Basis for Complaints & How to File Claims

Hello Amazon sellers, today I’m talking about copyrights and how copyright complaints are filed on Amazon.

Unlike a trademark complaint or trademarks, copyright does not always have to be registered.

In case of a trademark, for example, for a word, it’s very easy for somebody to register it with the US PTO. But for copyrightable images or pictures, it is very hard to register. And that’s why a lot of copyrights are not actually registered.

Then how do you establish the basis for a copyright complaint if you do not have copyright registration?

On Amazon, this is usually done by something we refer to as ‘prior art’ or ‘prior publication’. So for example, if a complainant has a listing that was created in 2010. This means that if there’s no other listings that exist with the same product or copyrightable material before 2010, then this complainant could file complaints on similar products or copyrightable material that’s listed on Amazon after 2010.

This is the basis for a prior art argument for the complaint. Additionally, copyright material doesn’t have to be exactly replicated or simulated for a complaint to be filed. If the two products in question or the two art in question are very similar, then Amazon can make the determination that one is copying the other. Hence the basis for the copyright complaint.

If you’re having copyright complaints or issues on Amazon, you can always contact us.

Our law firm is experienced in dealing with copyright infringement on Amazon and we have a variety of tools on how to resolve copyright complaints.