Blocked listing without warning notification due to photo copyright infringement complaint?!
So,
My newly launched product is doing so well. I used photos from my manufacturer then I used 1 photo from google and from my research it was ok to use. I didn’t know I was doing anything wrong. I am very new to FBA.
After a week of selling, my listing gets blocked without any warning message. Why didn’t they send a warning message?!
I have since removed the photo, informed the dispute department. All I get back is an automated message saying I cannot appeal since I haven’t provided them with the correct information.
I was asked to email the right owner and ask for a complaint retraction and explained that I genuinely didn’t know I was infringing as I could not find this photo on Amazon as well and had no reason to believe it was unfit for use.
If they do not email the dispute department does that mean they have complete power of my business meaning I cannot sell that product anymore?! Where is the justice in that? I removed the mistake so why can’t I have my listing reinstated? It was a genuine mistake.
Thanks,
Will.
8 replies
Seller_qZO3ZCjoBXEeL
Whether you knew it or not your ‘mistake’ is still against the law. You broke copyright law when you stole someone’s image and used it for your own commercial purposes. You also broke Amazon’s T&Cs by uploading an image you did not have the rights to.
You need to post the exact original messages from Amazon and your replies - possible @Kika can help you out. I’ve not seen an image copyright issue before.
Seller_vFro1s8ySAXcz
I have had the same thing with a brandname in the product description. A description I did not even make as it was an existing listing. And we are authorized reseller of that brand. I would advise you to make a new case in the support section with a short description and have Amazon call you. Explain that you have removed the content that was arguably a copyright infringement.
Seller_5Qk2OCkmLZ8H3
Product images are copyrighted under intellectual copyright law and the manufacturer of the product may not be the copyright owner of the image. Rather than trawl google looking for a pretty picture of a product then copying it for use on Amazon you first need to get the copyright owners permission. I expect that a complaint has been received by Amazon by the copyright owner for unlicensed use of an image and I expect Amazon are waiting for you to show evidence that you have authorisation from the rights owner to use their photo. If you have been in contact with the rights owner and requested they retract the complaint then it is now in their ball court to decide if they are happy to do so or not. If they don’t then the next step is to request what you need to do for them to change their mind. They do not have control over your business they do however have control over their image and a right to report infringements of copyright when they occur. whether it was a genuine mistake or not a breach of copyright has occurred for which there are consequences just as with a breach of any law.
Seller_EJIX7rqDNQJi2
Removing the infringing content (copied photograph) will not make Amazon reinstate your listing and cancel the complaint.
In order to appeal, you will need a retraction notice from the rights owner, proof of authenticity and a Plan of Action.
