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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Ty Louis Campbell Foundation

All donations go to the Ty Louis Campbell Foundation

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.

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:

submit a case to Amazon Sellers Lawyer

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 Lawyers reviews
Fred S.
Fred S.
01:41 23 Jun 21
Our account got reinstated after 7 months of repeatedly being denied for an suspected IP violoation that Amazon would not clear . After several attempts I was begining to lose hope but thanks to Declan, and Ashley for their persistant efforts. They had a great game plan. Overall excellent team effort from start to finish. These guys know how to get the job done. After being left for dead, I am very excited to start selling again. If any issues occur in the future this is my team.
story 。
story 。
04:20 19 Jun 21
Before I Call the law firm and talked to Nicole Goldberg who recommended Anthony Zhang as my paralegal, I was spending three days ( the longest three days of my life) trying to figure out what to do with a copyright infringement complain by another seller. My listings was removed and I had inventory at the warehouse and more at the making. You get the picture! it was not a good experience for me! I was lost and needed help.Nicole calmed me down the minute she answered the phone. She helped me to get through all the paperwork smoothly so my case could be looked at by a paralegal. My case was ready in less than 2 days!!Anthony Zhang was patient and knowledgeable. By just one letter to the other seller. He got them to agree to retract their false copyright complains. The timing was impeccable. It's almost like Anthony mapped out what will happen every step of the way. He also zoomed me to get into my Amazon account. He knew exactly where to get the information he needed to move forward with the case. At one point, he even get me on a three way phone call with Amazon support. His goal is to get my listings activated. It was very clear that he was working at my best interest. I wouldn't get this far with getting my listings reinstated if Anthony did not guide me every step of the way.Don't just watch your listings get removed by Amazon and let other sellers take your business down. Now you know them, you don't have to feel lost and helpless like how I felt in that three days. Talk to Nicole Goldberg and see if you got a case. Have Anthony Zhang work with you. You will learn so much from him... Two thumbs up for the personalized service!!! My listings are back up and I am a happy seller!!!
PPP
PPP
00:39 19 Jun 21
We contacted Rosenbaum Famularo & Segall following a serious IP protection issue. Both Nicole and CJ were extremely helpful, prompt and knowledgeable from the start. Highly recommended.
Protection R.
Protection R.
07:27 04 Jun 21
Thank you, Anthony Du Zhang, for helping us get our account back. Our case is not a simple one. We contacted Amazon Seller Lawyer after several unsuccessful appeals. Anthony told us the possibility of getting back the account is low but not impossible. He assisted us in reaching the rights owner. When they stopped responding, Anthony helped us formulate POA and contacted the Account Health team multiple times to clarify a better approach. We learned a lot along the way. And finally, our account got reinstated. We will surely cooperate with you again for more legal and IP advice. Thanks again.
Marc P.
Marc P.
21:44 26 May 21
When I filled out their online contact form, I figured I would get an automated response with their prices and services. Instead, I got a call back very quickly from Jenn who gave me some direction and advice FOR FREE!!! Jenn was really helpful and I now have all the information I need to respond to the Amazon copyright infringement claim that was maliciously submitted against me. Thanks Jenn!
Alejandra G.
Alejandra G.
00:11 21 May 21
I had received over 70 IP complaints from a brand and that’s when I found this firm online. My case was assigned to Briana London. She worked on my case tirelessly for 3-4 months and she never gave up on me. She contacted the rights owner, got all complaints retracted, and drafted up a very professional appeal and plan of action which got my amazon seller account reinstated. If future problems come up, I will know who to look for. Thank you so much. Please continue to be a blessing to other sellers.
Jim B.
Jim B.
22:47 06 May 21
Rosenbaum, Famularo & Segall is HIGHLY recommended. We have benefitted from the firm's generous free advice in the past, and subscribe to the daily podcasts. Our recent experience has had to do with the selling of our e-commerce business.Nicole is awesome and so very eager to help. She is professional and knowledgeable, but more than that, her determination to find the right fit for resolving any issue shines right through the phone! Nicole put us in touch with Ashley and David who have (on very short notice) provided just the information we needed. We engaged them to be sure we (as sellers) are covered in any contract for purchase and/or transfer of inventory and IP/trademark rights. They delivered impressively!You can't go wrong here - these folks all really want to help and have a great track record of doing just that! (Jan & Jim Blue)
Amz T.
Amz T.
17:38 06 May 21
Thank you Anthony Zhang for your professional work. Anthony and his team helped us to deal with received IP claims on Amazon and to reinstate our account.These guys know how to deal with Amazon!I recommend you without a doubt!
aloha9881
aloha9881
03:32 08 Apr 21
I called Rosenbaum regarding an IP complaint at 8 pm PST which I didn't realize was already 11 pm at his time. He called me back within a few sec and gave me the best advice, I can’t get words for my appreciation.
Vincent D.
Vincent D.
19:26 22 Mar 21
Spoke over the phone regarding Amazon copyright issue. They gave me great legal advice, and best of all they didn't charge me anything for the info! Would definitely recommend!

Read more about copyright law:

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