Fed up of Amazon Sellers using your photos, text and images?

Did you know that you could enforce these Sellers to remove the photos, images and text through the Digital Millennium Copyright Act.

If you have received a Digital Millennium Copyright Act Notice and you are infringing on a Rights Owners IP you should take this notice very seriously. When you receive a Digital Millennium Copyright Act, DMCA you should take legal advice immediately, do not ignore the request to take down the content. 

What should I do if I receive a takedown notice?

When you receive a DMCA takedown notice you should check for two things:

  1. Is the notice valid?

  2. Is the notice invalid?

The first check is to make sure that it complies with the requirements of the DMCA and that the information appears to be correct. Is the person/company sending the notice authorized to send it?

The second check is to make sure that the alleged infringement passes the common sense test.

What is a DMCA violation?

When a copyright holder learns of a violation, a DMCA takedown notice is issued to the service that hosts the offending website or to the internet service provider (ISP) of the violator. Infringing material can also be removed from search results by issuing a notice to a search engine.

What is a takedown request?

Notice and take down is a process operated by online hosts in response to court orders or allegations that content is illegal. Content is removed by the host followingnotice. Notice and take down is widely operated in relation to copyright infringement, as well as for libel and other illegal content.

What are the penalties for copyright infringement?

The legal penalties for copyright infringement are: Infringer pays the actual dollar amount of damages and profits. The law provides a range from $200 to $150,000 for each work infringed. Infringer pays for all attorneys fees and court costs.

How to send a DMCA notice

Step 1: Take screenshots of the infringing site

Step 2: Locate the website’s host

Step 3: Determine the Copyright Agent

Step 4: Draft your takedown notice

If you would like more information on how to issue a DCMA takedown letter or if you have received a takedown letter and need help please contact us at info@thompsonandholt.com

Amazon Suspension for misusing the best seller rank feature
Digital Millennium Copyright Act
Amazon Suspended Account Form

 

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Digital Millennium Copyright Act, DMCA
Digital Millennium Copyright Act, DMCA