How to Report Copyright Infringement on Amazon

If you find someone infringing your copyright on Amazon—such as unauthorized use of your photographs, textual descriptions, or other creative works—you can file a DMCA takedown notice to have the infringing content removed. Filing a DMCA notice ensures Amazon responds promptly to your complaint. They are motivated to comply because failure to do means that they can not avoid liability under DMCA’s safe harbor provisions. They will be liable for the copyright infringement. Here’s how you can act effectively.

Where to File Your DMCA Complaint?

1. Amazon’s Brand Registry

If you are enrolled in Amazon’s Brand Registry, you have access to dedicated tools that make it easier to file and manage intellectual property complaints. This is the most efficient option for registered users. If you are not enrolled, you can still submit a DMCA complaint using the following methods:

2. Amazon’s Online DMCA Form

The simplest and fastest way to file your complaint is through Amazon’s Intellectual Property Infringement Form:
Amazon Report Infringement

3. Email and U.S. Mail

You can submit a DMCA complaint via email or U.S. mail; however, these methods are slower and less reliable. Complaints sent this way may take longer to process or be overlooked entirely.

Email: [email protected]
Mail:
Amazon.com Legal Department

Attn: DMCA Agent
P.O. Box 81226
Seattle, WA 98108-1226

What Information to Include in Your DMCA Notice?

To comply with the DMCA, include the following details in your complaint:

Your Information:
- Full name, email address, mailing address, and phone number.
Description of the Copyrighted Work:
- Identify the work you own, such as a photograph, textual description, or other creative material. Attach evidence of your ownership, such as copyright registration, proof of creation, or links to where the work was originally published.
Details of the Infringing Material:
- Provide the ASIN or URL of the infringing listing and describe how it violates your copyright.
DMCA Statements:
- A statement affirming your good faith belief that the use is unauthorized.
- A statement certifying the accuracy of your complaint and that you are authorized to act on behalf of the copyright owner.
Electronic or Physical Signature:
- Sign your notice electronically or physically.

Sample DMCA Notice

Subject: DMCA Notice of Copyright Infringement

Dear Amazon Copyright Agent,

I am writing to report a copyright infringement on your platform. Below are the details of my complaint under the Digital Millennium Copyright Act (DMCA):

1. My Information:
  - Name: [Your Full Name]
  - Email: [Your Email Address]
  - Mailing Address: [Your Full Mailing Address]
  - Phone Number: [Your Phone Number]
2. Description of the Copyrighted Work:
  I own the copyright to [e.g., a photograph or textual description] published at [e.g., your website or publication]. Evidence of my ownership is attached. It’s very important that you include your copyright registration at this point. It will provide the other side with notice that if they fail to comply with the DMCA takedown request that they will be liable for copyright infringement which provides for a statutory damages and attorney’s fees.
3. Details of the Infringing Material:
  The infringing content can be found at:
  - ASIN: [Insert ASIN]
  - URL: [Insert URL]
  The material infringes my copyright because [brief explanation].

Be sure to identify how you know that the material infringes on your copyright. And therefore copyright infringement is access and substantial similarity. You have to establish how the person had access to your copyrighted material and notify Amazon how the copied material is substantially similar. Hopefully, the infringing material is identical to your copyrighted material. If that is the case, then it is less important to establish access to your copyrighted material. The identicality of the infringing material and your copyrighted material establishes that the only way that they could have come up with the infringing material is to copy your copyrighted material.

1. Statements of Good Faith and Accuracy:
  - I have a good faith belief that the use of the material described above is not authorized by the copyright owner, its agent, or the law.
  - The information in this notification is accurate, and I declare, under penalty of perjury, that I am authorized to act on behalf of the copyright owner.
2. Signature:
  [Your Full Name]

Please confirm receipt of this notice and let me know the actions taken to address this issue.

Sincerely,
[Your Full Name]

What Happens After You File

Acknowledgment: Amazon typically confirms receipt of your complaint via email.
Review: They will review your notice for completeness and validity.
Action Taken: They will send a notice of infringement to the ASIN listing.
Counter-Notification: If the seller disputes your claim, you will have 10-14 days to take legal action to keep the content removed.

The Added Benefit of Copyright Registration

If your work is registered with the U.S. Copyright Office, you gain significant advantages when pursuing an infringement claim:

Statutory Damages: You can seek statutory damages of $750 to $30,000 per work and up to $150,000 per work for willful infringement, even if actual damages are minimal.
Attorney’s Fees: Registered copyright owners can recover reasonable attorney’s fees, which often exceed the value of actual damages.

These benefits apply only if your copyright is registered before the infringement occurs or within three months of publication. Without registration, you must rely solely on proving actual damages and profits derived from the infringement. Oftentimes, the attorney’s fees is much greater than the damages. Thus, copyright registration is much more valuable in many cases.

Take Action Now

By filing a properly formatted DMCA notice, you can have infringing content removed from Amazon promptly. If your copyright isn’t registered yet, consider registering it to strengthen your legal position and maximize potential remedies. For more details or assistance, visit Amazon Report Infringement to get started.

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