Policy Violation: Copyright infringement, Used book how to appeal?
MF book seller 17 years. Received this threat of deactivation yesterday re a used book in my inventory (listed 5 years ago). ASIN B01N9SAH5H
No idea how to appeal as I can't figure out why a used book is subject to copyright infringement? The compliant originated from the publisher Taschen not the artist.
So obviously I would delete the listing, never list Taschen again, not sure how detailed the response has to be?
Thanks in advance for any help, want to try to do the appeal correctly.
Policy Violation: Copyright infringement, Used book how to appeal?
MF book seller 17 years. Received this threat of deactivation yesterday re a used book in my inventory (listed 5 years ago). ASIN B01N9SAH5H
No idea how to appeal as I can't figure out why a used book is subject to copyright infringement? The compliant originated from the publisher Taschen not the artist.
So obviously I would delete the listing, never list Taschen again, not sure how detailed the response has to be?
Thanks in advance for any help, want to try to do the appeal correctly.
6 odpowiedzi
Seller_i6S8knzW6zU6Z
Hi @Seller_nEycFDADHIVcD,
I understand your concern about the copyright claim on your used book. The good news is that the help pages specifically address this situation!
Under "FAQ about Copyrights" here, Amazon confirms that the "first sale doctrine" protects sellers like you: "If you decide to sell a used copy of someone else's book on Amazon, you are usually allowed to sell your particular copy of the book without further permission from the copyright owner."
You can submit a DMCA counter-notice through Account Health > Policy Compliance > Received Intellectual Property Complaints. The full process is outlined here. Your counter-notice should include:
- Details about your listing (ASIN B01N9SAH5H)
- A statement that you believe the removal was a mistake (citing the first sale doctrine)
- Your contact information
- A jurisdiction statement (the help page provides the exact wording)
- Your signature (you can type it as "/s/ Your Name")
Just keep in mind that all statements must be accurate, as false statements could have legal consequences. Once submitted, Amazon will forward your counter-notice to Taschen. If they don't take legal action within 10 days, your listing should be reinstated.
Hope this helps!
Best regards, Michael
April_Amazon
Hello @Seller_nEycFDADHIVcD,
MF book seller 17 years. Received this threat of deactivation yesterday re a used book in my inventory (listed 5 years ago). ASIN B01N9SAH5H
No idea how to appeal as I can't figure out why a used book is subject to copyright infringement? The compliant originated from the publisher Taschen not the artist.
I understand you are looking for how to address this violation on a book you listed 5 years ago. Addressing issues with listings from that far back can be especially challenging.
My first question would be about your inventory. Did you actually still have that book? Does your inventory reflect the items you still have available? As Amazon's policy is: if you have a listing, even if it is inactive or out of stock, you may still receive a violation on that item and need to appeal. I always recommend sellers maintain their inventory as this may prevent unnecessary violations.
In your specific issue with ASIN B01N9SAH5H, there would be 3 paths available.
- A retraction from the Rights Owner (The rights owner's email is in the performance notification) This may be the first thing you might try.
- Dispute - As you already deleted the ASIN and do not have any plans to continue to sell, this may not be your path as you would need to file a DMCA Counter-Notice.
- Forgiveness Path - This option is available to sellers that have not continually utilized this path in the past. This is the acknowledgment path on the Account Health Page. If this path is available to you, you would remove the violation and gain your points back.
For a greater understanding of Copyright policy, @Seller_i6S8knzW6zU6Z, provide this help page: Intellectual Property Policy for Sellers - FAQ about Copyrights
I would like to know what path you choose to resolve your issue. Thank you for reaching out on the Forums.
Wishing you the best.
April
