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.

How a Copyright Complaint is Filed on Amazon.com

Amazon sellers, I’m Anthony, a paralegal at Rosenbaum, Famularo & Segall. Today I want to talk to you about copyrights and how complaints are filed on Amazon.

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Copyright complaints on Amazon.com

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

contact us submit a case to Amazon Sellers Lawyer
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.

Donate to Download: Amazon Sellers' Guide to Copyright Law

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What is Copyright Infringement?

Amazon 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.

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!