Attention Amazon sellers! Has your Amazon account been suspended due to a copyright violation claim? This happens more often than many sellers would like to believe. You have recourse! The most effective way to get your account reinstated is by filing a DMCA counter notice. Now, just what in the world wide web is the DMCA or a counter notice? 

The DMCA is the Digital Millennium Copyright Act. The DMCA was established with the intent of protecting copyright owners and content creators. Those who hold a copyright can submit a takedown request. That is, if they legitimately believe that their content or product has been unlawfully shared or sold online. When Amazon sellers are issued a DMCA Takedown or suspension, they can respond. You will have to submit the counter notice to Amazon once the infringing product is removed. The counter notice gives sellers the option to file a claim. Sellers may also possibly regain access to selling the product that led to the suspension. 

If you were accused of infringement, you should file a DMCA counter notice if, and only if, you consider the claim of infringement to be false. Sellers who submit a false counter notice are engaging in illegal activity. That foolhardy decision may land you in serious legal trouble and lead to prosecution. 

How to Act After a Takedown

What is the first step to take when you receive a takedown notice? Conduct a thorough review of the infringement claim and/or confirm the takedown notice with Amazon. Following this, you should heed the warning that is the takedown notice and remove the allegedly infringing product. Sellers who fail to remove the product after the takedown notice was served may face legal action by the copyright holder. 

Many sellers who receive takedown notices do not believe that they have committed copyright infringement. That’s where the DMCA counter notice comes in! The counter notice is a petition filed with Amazon. It states your true belief that the claim made against you is false. It is of absolute importance that you have the means to prove that you did not violate any copyright terms. Sellers who filed counter notices without the ability to show proof of the fact that they did not commit infringement might subject themselves to legal consequences. We would also like to inform Amazon sellers that they shouldn’t choose to ignore the takedown notice. Ignoring the notice opens you up to a lawsuit for copyright infringement. 

What Information Should I Include in the DMCA Counter Notice?

Should an Amazon seller decide to submit a DMCA counter notice, they ought to include specific information to ensure proper filing. First, you need to determine the original product’s location online. The DMCA notice specifies the original product -find it online, note the URL in your counter notice, and clarify what online platform it is sold on. Then, sellers should specify the details of where they sold the product prior to its removal – in this case, that would be Amazon. The URL for the location of the allegedly infringing product before the takedown notice was issued should also be included.

And finally, your counter notice needs to state the details regarding ownership of the product. That is, the product owner’s name, how the seller gained ownership, who is making a claim of ownership, when the product was made, and when the product was stolen. If you created it, bought it, or copyrighted it – that needs to be clear. 

Amazon sellers who decide to file a DMCA counter notice should know that when they do so the copyright owner will be notified. Within 14 days of filing the counter notice, Amazon will launch an investigation into the claim that you did not actually infringe on anyone’s copyright. If Amazon finds that you did in fact commit infringement, the copyright holder can take legal action against you. If the copyright owner fails to respond within 14 days, Amazon will reinstate your account.  

Stockman & Poropat, PLLC Can Help You File a Counter Claim

Due to the risks of legal vulnerability when filing a DMCA counter notice, we urge those affected by a takedown notice to seek counsel prior to filing a claim. If you are an Amazon seller who has received a takedown notice and are uncertain of how to proceed in the best way, contact us today! We will figure out the most sensible course of action based on your unique situation. Our consultation is free! Our team at Stockman & Poropat, PLLC looks forward to getting your Amazon seller account back on track.

 Up next we will be discussing the Amazon Transparency Program.