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

Copyright complaints, when it comes to Amazon sellers, have to do with verbiage, copying and pasting someone else’s words or images / pictures. You cannot use somebody else’s pictures when you’re creating a listing. You need to create your own. They have to be Amazon compliant.

If you’ve been suspended on Amazon because of a copyright issue:

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Copyrights and how complaints are filed on Amazon:

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Book: Amazon Sellers Guide - Copyright Law

Rosenbaum, Famularo & Segall, PC helps ecommerce sellers develop & protect intellectual property rights.

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

It’s important to know how to properly file a copyright & to understand what conditions a copyright protects.

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

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What is Copyright Infringement?

Copyright infringement is violating an owner’s exclusive rights to a work of art, granted by the federal Copyright Act, by the use of protected works without permission. The use of copyrighted works is unauthorized unless consent is given by the owner. A copyright owner has the right to reproduce the work, prepare imitations of their copyrighted work, distribute their work, and perform or display the work publicly. To demonstrate a valid copyright infringement claim, a plaintiff must show ownership of a copyright and show that the defendant has copied elements of the work that are original.

In Amazon cases, courts have denied motions to dismiss when facts are clearly stated to prove the defendant is actually aware they’re infringing on copyright laws or there’s proof of complete disregard for whether they’re infringing on copyrights or not. On the other hand, claims have been dismissed where insufficient facts have been pleaded to establish that the plaintiff possessed a valid copyright or that the defendants reproduced copyrighted work. A reasonable juror must be able to infer from the facts stated that the defendants may have violated copyright laws.

In the Milo & Gabby v. Amazon case, the court made a seminal decision & held that Amazon couldn’t be held liable for Amazon seller’s listings that infringed on others’ copyrights because Amazon was not themselves “offering for sale” the infringing products.

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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.
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!