Copyright complaint on Amazon account? File a counter notice.
Anthony, a paralegal at our firm, talks about copyright complaints made on Amazon.com and counter notices.
As you may already know, a counter notice is only applicable to copyright complaints under the DMCA, which stands for Digital Millennium Copyright Act. A DMCA counter notice is submitted in response to a valid DMCA take down by the accused infringing website owner.
The DMCA states that if you file a counter notice with Amazon, within 14 days, if the complainant doesn’t initiate a lawsuit against you, then your listings are automatically reinstated by Amazon.
This provides an easy opportunity for anyone receiving copyright complaints to actually resolve the problem effectively and efficiently, given that you do not receive a lawsuit from the complainant.
There’s a lot of things to explain regarding copyrights. First off, copyrighted material / products are sold and protected by something called the First Sale Doctrine. This only applies to the legal system in the United States.
The first sale doctrine, codified at 17 U.S.C. § 109, provides that an individual who knowingly purchases a copy of a copyrighted work from the copyright holder receives the right to sell, display or otherwise dispose of that particular copy, notwithstanding the interests of the copyright owner.
Every day, millions of consumers make use of the First Sale Doctrine. This copyright doctrine permits the purchaser of a legal copy of a copyrighted work to treat that copy in any way they desire as long as the copyright owner’s exclusive rights are not infringed upon. A common example is the rental of movie videos, where a store purchasing the disks is entitled to rent them out without paying any royalties to the owner of the rights in the movie.
If you have questions about a copyright complaint you’ve received, call for a free consultation: 1-877-9-SELLER.
Our law firm is geared towards intellectual property and brand protection for the ecommerce marketplace.
GET HELP NOW: We are required by law to assure you 100% confidentiality. We protect your privacy under the Attorney-Client Privilege.
Rosenbaum Famularo, PC, the law firm behind Amazon Sellers Lawyer.
