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Paul Rafelson is an attorney focusing on tax litigation and working for companies like Microsoft and GE. His life took a turn when he started helping out Amazon sellers with tax litigation issues and is one of the founders of the Online Merchants Guild. He is a former Amazon seller and now a sellers’ rights advocate.
All about the DMCA: Digital Millennium Copyright Act (DMCA)
- An underutilized tool for sellers to have a recourse on Amazon on when things go wrong.
- Where to utilize this: copyrights in general.
- It allows you to register your copyright for things you create.
- DMCA is not required but is recommended for potential legal issues in the future
- Copyright is a design patent concept.
- How: Place your branding on your product: your logo, a signature, a unique variable.
What is DMCA Takedown?
- Read the complete law HERE
- Amazon’s Notice and Procedure for Making Claims of Copyright Infringement HERE.
- Send the information to ec2-abuse@amazon.com or abuse@amazonaws.com
- Basically, the law that requires any website/ internet provider to take down product hijackers.
- Copyright is the most powerful tool because it is a right supported by a law.
- It is a layer of protection for your products and ideas against hijackers.
- Amazon has to respond to claims of copyright infringement.
- Check out our previous episode about seller rights that are waived when you sign up for seller central HERE
DMCA Takedown
- Make sure to plead certain points and accomplish all requirements.
- Amazon tends to over react when DMCA claims are used against sellers
- IMPORTANT: always look for the clause stating that the claim against you or if you made one is made in good faith and under the pain of perjury if this good faith clause is missing: you can over turn the claim.
- Don’t play around with DMCA. It can backfire. People can go to jail.
Copyrighted Branding
- It is not taking things from Alibaba or Canton fair and copyrighting it, you should add in the unique features that make it your own and copyright these features or design.
- Don’t take a generic product and copyright it – it can get you into trouble.
Key Points:
- Read the complete DMCA law HERE
- Amazon’s Notice and Procedure for Making Claims of Copyright Infringement HERE.
- Send the information to ec2-abuse@amazon.com or abuse@amazonaws.com
- Take steps to protect yourself, especially if you have a good product.
- Copyright is the cheapest and easiest to get.
- House your IP in a company that does not do business with Amazon.
Connect!
Donate:1-800-GOODWILL, or visit a local Good Will store.
Get involved and support this legislation or volunteer: OnlineMerchantsGuild.Org
We are looking for volunteers, developers and board members.
Email: paul@onlinmerchantsguild.org
Got legal questions? paul.rafelson@frsattorneys.com
