copyright on images help
A competitor has filed copyright infringement on images on Amazon. They are not the owner of the brand.
We purchased the products directly from the manufacturer/brand. We use the official brand UPC codes on the product. The brand is not gated , meaning the listing is a shared listing "multiple sellers"
The image Amazon system has elected to use is "their" image, that they say they took pictures of, and they said that we cannot use.
How is this possible? And how do we appeal?
The products are on a shared listing and amazon elected to use their image. We are allowed to sell the product from the brand/manufacture. How can they even claim copyright on a brand/listing that is not their own?
copyright on images help
A competitor has filed copyright infringement on images on Amazon. They are not the owner of the brand.
We purchased the products directly from the manufacturer/brand. We use the official brand UPC codes on the product. The brand is not gated , meaning the listing is a shared listing "multiple sellers"
The image Amazon system has elected to use is "their" image, that they say they took pictures of, and they said that we cannot use.
How is this possible? And how do we appeal?
The products are on a shared listing and amazon elected to use their image. We are allowed to sell the product from the brand/manufacture. How can they even claim copyright on a brand/listing that is not their own?
0 replies
Roxy_Amazon
Dear @Seller_bgmcNFSQ8G693,
Thank you for bringing this copyright infringement situation to our attention. We understand how frustrating it can be when dealing with image rights, especially when you're legitimately sourcing products from the manufacturer.
While you have the right to sell authorized products on shared listings, image rights are handled separately from selling rights. Even on shared listings, photographers and sellers can claim copyright ownership of specific product images they've created, regardless of who manufactures the product - Having authorization to sell a product doesn't automatically grant permission to use all product images. Each image can have its own copyright owner, even on shared listings.
To properly assist with your situation, we need:
- A case ID with seller support related to this issue
- The ASIN(s) involved in the copyright claim
This information will allow us to investigate the specifics of your case and work with the appropriate teams to guide you on addressing the copyright claim.
To appeal, you have 3 options:
1. Obtain a Retraction from the Rights Owner (Recommended)
- Contact the rights owner directly to resolve the dispute.
- If resolved, ask them to submit a retraction through Amazon.
- This is typically the fastest and most effective solution.
2. Acknowledge the Violation
- In Seller Central, select "I understand the policy and acknowledge the violation" - This will remove the violation from your account health dashboard.
- Important: By choosing this option, you will no longer be able to sell this specific item on Amazon.
- Use this option if you prefer to discontinue selling the item and want to maintain a healthy account status.
3. Dispute - Submit a DMCA Counter-Notice
- This option is available if you believe the claim was made in error.
- Please note: We cannot advise on pursuing this path. Please consult an attorney or legal counsel to make sure this is a viable path for your case.
- Warning: Making false statements in a DMCA counter-notice may result in civil or criminal penalties.
For more information, please visit our help pages Intellectual Property Policy for Sellers and Intellectual Property Policy for Sellers - FAQ about Copyrights.
Our seller community and I are here to provide further guidance once you share the requested information. Feel free to reply with the details, and we'll work together to resolve this situation.
Best,
-Roxy
Seller_4K7eqIN4GuF2E
File a DMCA counterclaim stating they are not the copyright holder, show who does own the copyright and demand that Amazon restore you to the listing.
The person who filed the original claim will be notified and will have 10-days to file a copyright infringement lawsuit against you. If they do not file the lawsuit Amazon MUST restore the listing and refuse to accept further copyright claims against it.
Look at # 3 of the info the mod sent you (should have been the 1st and ONLY thing they advised you of).
But be careful. If you are wrong you can be sued and Amazon can cancel your account.
Also be advised that Amazon has recently started playing a game where whomever if the "winning" image contributor (regardless if it is a correct representation of the item being sold) Amazon publishes it and the person who took it gets to exert a copyright complaint (one of the shared listings we are on had that happen so it was showing a different product than was actually being offered. We complained and got that "winning contributor" nonsense response so we zeroed or our inventory and contracted with the factory to assign us individual UPC codes that we share with with only 1 other seller).
