Copyright Violation???
I just received this email in my inbox. Do I need to do what this person/entity is telling me? This doesn't appear that it came from Amazon. I copied and pasted the message below, with the specific info of the book title and copyright number info redacted.
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It is unlawful to distribute/advertise paperback versions of ________, see attachment. This product needs to come down immediately as we are the publisher of this product and it is copyrighted by us in all of its forms. The Copyright Registration number is __________ and all paperbacks that we have produced are NOT FOR RESALE and state so on the back. We are also aware of people placing sticker barcodes on not for resale products. Please remove this product prior to legal escalation.
Admin Blue Sparrow/Wellspring/Servant
Copyright Violation???
I just received this email in my inbox. Do I need to do what this person/entity is telling me? This doesn't appear that it came from Amazon. I copied and pasted the message below, with the specific info of the book title and copyright number info redacted.
********
It is unlawful to distribute/advertise paperback versions of ________, see attachment. This product needs to come down immediately as we are the publisher of this product and it is copyrighted by us in all of its forms. The Copyright Registration number is __________ and all paperbacks that we have produced are NOT FOR RESALE and state so on the back. We are also aware of people placing sticker barcodes on not for resale products. Please remove this product prior to legal escalation.
Admin Blue Sparrow/Wellspring/Servant
13 replies
Seller_4zBzdtgCyS9EI
If it has a "not for resale" marking than I'd hurry and take it down!
Seller_hhmOkbCE3wb0z
I would take it down the listing (i.e., delete it fully from your inventory) so as not to encounter any further hassle from Amazon "themselves". They (the publisher) kindly asked you to take it down, which is much kinder than them filing a copyright infringement complaint through Amazon, which is what many other manufactures and publishers automatically do.
Rose_Amazon
Hi @ BookCapitol,
Thanks for the post.
If the sellers on this thread helped you with their reply, feel free to mark it as “Most Helpful Reply”.
You can do so by using the 3 dots in the corner of their post. This helps other sellers find the answer to your question at the top of the post just in case they find themselves in a similar situation.
Best regards,
Rose_Amazon
Seller_24FzucbyGtgZS
Here are the basics (this is NOT legal advice and you should consult with an attorney who specializes in copyrights and trademarks):
The First Sale Doctrine protects you and allows you to resell the book (as long as you legally obtained it) regardless of what the copyright owner puts on it or notifies you with a "cease and desist" message.
Amazon does NOT comply with the First Sale Doctrine and if the copyright owner files a take-down notice Amazon will remove your listing, give you a metric hit and may even suspend your account.
Since this would be a copyright infringement (and not a trademark or other intellectual property violation) you actually have some self-help protection. Once Amazon notifies you of the copyright complaint you can file a DMCA counter-claim challenging under the First Sale Doctrine. This requires Amazon to notify the copyright owner of your challenge and puts them on notice if they wish to pursue this further they would have to file a Federal lawsuit against you within 10 business days.
Under a DMCA counter-claim Amazon technically would have to restore your listing and remove any metric hit against you. Amazon would also be barred from removing the listing again unless the copyright owner files the Federal lawsuit and gets a Court Order instructing Amazon to remove the listing.
Now you need to ask yourself - is this worth it? If you believe it is as I stated when I began - consult an attorney who specializes in copyrights and trademarks.
Seller_nRFmxiQg4EGrw
This would be a waste of time, as regardless of copyright complaints, Amazon policy forbids the selling of "Not For Sale" books.
Yes, you can legally sell it; but Amazon can also suspend your account for selling it on their platform.
Just delete the listing and move on.
Seller_yFAkuOv7JDcDK
Please avoid escalation of this by taken it down immediately. Please do not let Amazon take the issue to the next level with you. It does not worth the trouble.
Seller_pQ0KnuVNsqZfV
Hi,
Just a friendly reminder, the copyright matter is disputed in federal court, as a withe collar crime, and your information became public for that violation, Amazon is not a mediator in this case if the author of the product pursued it, it can be your end on the online community as a seller. when you sell something and you do not have a contract or Authorization letter registered on the court this is a felony and is considered by the eyes of the law as you are using someone identified to pursue a financial transaction if the owner of the product has warned you about, You need to consider it as a formal note, the message is held on Amazon servers for 2 to 5 years and is considered a legal notification with date and time, as proof of communication, this is accepted by the court. Believe the profit you doing now is not worth, the upcoming storm.
