Copyright infringement


#1

Hello,

I’ve been trying to deal with a case of intellectual property violation and I’m not really getting anywhere. Another seller has been using our Instagram photos in their A+Content and unfortunately Amazon doen’t have a tool for reporting this. I opened a case with Amazon to explain this and fix the problem but they just keep reffering me back to the ‘Report a Violation’ tools.

I posted in the forum a month ago to get some advice and people suggested contacting the seller directly. Can we do this from our Seller Central account?

Thanks


Seller using our photos in their A+ Content (intellectual property violation)
#2

When you upload photos to the Amazon catalogue, you give Amazon a licence to re-use them. It’s clause 4 of the Business Seller agrement:
4. Licence
You grant us a royalty-free, non-exclusive, worldwide, right and licence for the duration of your original and derivative intellectual property rights to use, any and all of Your Materials for the Services or other Amazon product or service, and to sublicense the foregoing rights to our affiliates and operators of Amazon Associated Properties; provided, however, that we will not alter any of Your Trademarks from the form provided by you (except to re-size trademarks to the extent necessary for presentation, so long as the relative proportions of such trademarks remain the same) and will comply with your removal requests as to specific uses of Your Materials (provided you are unable to do so using standard functionality made available to you via the applicable Amazon Site or Service); provided further, however, that nothing in this Agreement will prevent or impair our right to use Your Materials without your consent to the extent that such use is allowable without a licence from you or your affiliates under applicable law (e.g., fair use under copyright law, referential use under trademark law, or valid licence from a third party).


#3

Like I said these are from our company’s Instagram, so we have never uploaded them into the Amazon catalogue. Also this isn’t Amazon re-using them, this is another Seller.


#4

My misunderstanding. In that case, I think your only option is the one you’ve already been advised to use - take it up direct with the other seller. Amazon won’t have the time or expertise to get involved in a copyright dispute, especially one that originates outside their site


#5

Do you know how to contact another Seller through your Seller Central account? I had a look into doing this but it wasn’t obvious…


#6

I think contacting them that way is against the rules - haven’t the time to find the precise policy but I’ve certainly read on this forum that it is verboten. You will have to identify the seller and contact them by snailmail, possibly via a solicitor


#7

Okay I’ll have a look into it, thanks for the help!


#8

Amazon do have processes in place for this when it’s a listing that violates someone’s copyright.
But when it comes to A+ content… I would assume there’s some process there somewhere but figuring out how to contact the relevant person/team won’t be easy.
Contacting the other seller outside of Amazon is definitely a viable solution. Most companies will remove the images themselves if you raise an issue with them. However if they refuse then the legal route is the only option.