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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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

GET HELP NOW: As a law firm, we protect your privacy under the Attorney-Client Privilege. We keep your information secret by law.

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
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!
ThaReal J.
ThaReal J.
18:34 02 Feb 21
I dealt specifically with Marisol, and man was she informative and kind. She help me understand the severity of an IP claim while still making feel at ease to retaining this law firm and that they were the ones to handle my suspension. I can’t wait to retain this firm for all my Amazon issues moving forward.
Angel P.
Angel P.
19:30 08 Jan 21
It was a great pleasure speaking with Jenn McDonald & Marisol. They help me a lot I was able to point myself in the right direction. I originally called them to just get some answers on IP claims and how to better handle them. I’ve been using their website and looking at many of their YouTube videos which are a great reason for information especially for Amazon Sellers. I am looking forward to retaining their services and working more with them.
Linda Y.
Linda Y.
23:38 05 Jan 21
In my second month as a professional seller on Amazon, I received an IP complaint with a corresponding warning that my account was under review and in danger of possible suspension. After considerable panic, and hours of watching Utube videos on resolving IP issues. I found Rosenbaum Famularo, P.C. As advertised, their consultation was free and extremely helpful. I spoke with Marisol about my situation and she was amazing!! She is a great listener and advised me on a course of action. After I spoke with her I was able to proceed with tackling the IP problem. I highly recommend contacting this firm if you have any Amazon seller legal concerns, the consultation was free, friendly, helpful, and unhurried. I felt Marisol really cared about my situation and felt her genuine concern. A breath of fresh air in an often dismal world. Thank you!!!
Marty G.
Marty G.
04:00 03 Dec 20
I was having a copyright issue concerning a counter-claimant on Amazon.com. After researching law firms who specialize in copyright law, I decided to call Rosenbaum Familaro, P.C. CJ Rosenbaum answered my call and immediately put me at ease. He knew my concerns and was so generous with his time in explaining my options and imparting rock solid advice. THIS is the law firm to go to if you need legal advice and/or representation in matters of copyright and intellectual property rights. Highly recommended!

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