Most Copyright Infringement cases on Amazon are resolved effectively.
Advice: Don’t panic, keep Selling
The more you sell, the more possible that you will one day get a notice through Amazon’s message center informing you that you are in violation of someone’s copyright.
What to do in this case? Don’t worry about this issue. This is a very common issue now days. Don’t do anything if you don’t understand anything take the advice of some Expert like us. Here are few things which help you:
- Who sent the notice? If the notice is coming directly from Amazon and it says that you’ve violated someone’s copyright or you have infringed or you stole someone’s copyright. They also mention the contact information for the company . This is a genuine complaint that you should address. If you will not address the issue puts your account at risk even if you don’t plan to sell the item anymore.
You will receive the Email because the rights holder complained to Amazon official who supported their claim. They did this because the company was able to confirm that they were the correct holder. They may have done this through Amazon’s brand registry or they may have offered paperwork showing they own the rights.
Amazon won’t get involved in the clash or prove the genuineness of their claim – merely that they provided adequate paperwork to indicate they have a claim. They leave it to you to work it out with the correct holder.
2. Did you create the listing? If you have taken pictures or the product description from the Internet then you have most possibly did violate the copyrights if you didn’t get express authorization to use these pictures and description. If you did NOT make the listing but are merely piggybacking on it, then you can clarify that to the complainer and help fix the listing.
3. What is the brand? Some brands are very caring their rights on Amazon.com. Some sellers make a fake complaint against you to get down your sales. But if you are selling any big brand and if you are selling Genuine products your chances are more to win on that complaint
4. How aggressive is the brand who made a complaint? We’ve seen some really aggressive letters from private label companies sent straightly through the platform to our clients. They don’t go through Amazon legal because they know choosing a third party legal company will cost them less money rather than choosing Amazon Legal Team. These claims are the ones that give sellers the most pain because they don’t know what to do or how seriously to take the claim.
6. Are you selling a common product on a branded listing? I notice this lot. It is an old area. The original seller who formed the listing may have thought they were securing themselves by putting a brand on their product, but if they didn’t do it properly, then they are selling a common and Amazon will not support them if you take credit on their listing. As long as your product is accurately the same (without the sticker), you can sell on that listing. If, however, the seller has done it properly, then they can kick you off their listing. Take a long look at your product and make confirm that you have listed it appropriately.
Resolve the Claim
Now that you’ve looked at your product and the listing, here’s what you require to do:
1. Contact the rights holder. If the email came from Amazon, act instantly. Send a polite email to the rights holder inquiring: “Can you please share with me how you think we have infringed on your copyright? We are keen to clear up this issue. It was never our aim to infringe on a copyright.” Keep it well-mannered and unclear at first. Notice what the issue is. We regularly find that it is the photo or description – both of which are without difficulty fixed by taking your own photos and re-writing the description.
2. Fix the issue. Once you know what is going on, try to fix the issue. Occasionally it isn’t even you. I’ve had customers who were official sellers of a product get booted off along with all the other sellers. Once they provided a letter to the complainer (usually a lawyer hired by the rights holder or an internal person in charge of brand management showing they were certified, they were reinstated on that listing instantly.
- They never planned to resolve the issue; they just wanted you remove the listing. This is a manipulation of the proposal and a policy violation, if so.
1)You recently confirmed to Amazon that your product was genuine (if you did) and shortly after, you got this letter claiming copyright infringement.
In all circumstances of filing a policy violation, you will not get an answer back from Amazon. They never expose the results of their investigations. Although you may find the claim is abruptly dropped and – as happened in one of our cases – the other seller is unexpectedly suspended/gone from the platform.
The most puzzling copyright infringement claim is the one that isn’t coming from Amazon. While several see this as a black & white issue (no Amazon support, ignore), I don’t. I’ve noticed too many of my clients fall victim to shady policy like bogus inauthentic and fake claims made by a quarrelsome and hostile competitor when they ignored the initial letter. These claims can harm you, tie up your listing and cost you money. They can lead to your account being suspended which will harm you a lot.
I suggest at least one polite email from you inquiring them to provide evidence of their claim and to be clear as to what part of the listing is infringing on their copyright. If they won’t do that within 5 business days, then you most possibly have someone who is tricking. If they escalate and try other tactics, then you can show Amazon that you directly responded in a useful way and they’re the ones being jerks.
If they never offer evidence, then you can declare that they are unable or unwilling to support their own claim which is suspicious.
While you can inform you never intend to infringe on a copyright, don’t state that you are apologetic for infringing or anything like that. They require to prove their claim. Don’t admit fault. Even if you intend not to sell that product again, don’t confess guilt. “We have made a business decision to no longer advertise this product on Amazon,” is acceptable.
Choose how hard you desire to fight this claim. For some of my clients, it doesn’t value it. They erase their listing and move on. For others, this is a high producing ASIN and they will battle it to the bitter end. In that case, I strongly recommend getting help both from an Amazon expert like us . We can help with the Amazon side.
If their claim is genuine, however, be conscious that you are now entering into the official battlefield. It will charge you money. As an ultimate word, the bottom line on copyright infringement is that Amazon takes it very sincerely. If your brand owner has gone through Amazon to make their claim, you should answer even if you never plan to sell that product again. Amazon will also desire a Plan of Action from you as to how you will avoid these claims further in the future.