Works that have a copyright over them include a special type of protection where ownership is exclusive to the creator of the work. This sort of protection includes giving the owner the right to spread the work around as he wishes, and no one else can do the same unless they have explicit consent from the owner. However, if a work is protected by copyright law but then reproduced, distributed, opened, or shared without the copyright owner’s permission, then this would be classified as copyright infringement. Copyright gives the right to the owner of a product to restrict permissions on who can use it. Only the copyright owner can authorize others to manipulate his work. If someone fails to obtain permission first, then the copyright owner has the option to file a copyright infringement claim against anyone who violates it.
What is Copyright Law?
Copyright law was created to protect works from being manipulated without the owner’s consent. When one creates a product or work, to prevent it from being copied and to gain ownership over it, they can make it a copyrighted work. This means that the owner has full permissions over it and is the only one that can grant others permission to use, distribute, or manipulate the work.
Many people find interest in this, and even find it necessary, that they have a copyright over their work. This is because claiming a work as your own holds some pride to it, as well as recognition if others happen to come across it. It’s also helpful if you want to share your work with other people, yet still hold some type of restrictions so that it’s not made completely public. This comes in handy when selling a product, since only those who have purchased the product can use it. If anyone else obtains a copy of the product without purchasing it, and it is copyrighted, then this would be a violation. This is also useful if a work is spread around- especially on the internet. If someone happens to find their works listed on a website, then they can file a copyright claim to have them taken down since they weren’t distributed properly.
Overall, if a copyright owner finds that someone else has taken their work and manipulated it in any way without proper consent, this could result in penalties for those who manipulated the product or work. These are all examples of copyright infringement.
What Is the Difference Between A Copyright and A Trademark?
Both copyrights and trademarks utilize ownership as a means of protection and rights for the creator of the work. It just depends on which work is being protected for it to be classified as a copyrighted work or a trademark. A copyright has to do with protecting entire works such as books, novels, websites, software, movies, songs, textbooks, and more. This is different from a trademark because it would deal with protecting symbols, phrases, logos, or designs. A relevant example could be given with the popular shoe brand “Nike”. For Nike, an example of a copyrighted work would be a pair of shoes. The shoes are a tangible expression of Nike’s ideas and can have a copyright over them. However, trademarks would include things like logos or phrases, like the famous Nike swoosh symbol, as well as their slogan “Just Do It”. As is the case with copyright infringement claims, trademark infringements can also be filed against people for copying their designs and using them for their own brands.
How is Copyright Protection Obtained?
A popular belief is that copyrights can be official only after registering with the Copyright Office. This is actually not true; a copyright on your work or product is obtained automatically as soon as you create your work. However, this is different from the past, when it had to be registered with the Copyright Office. Nowadays, the work is protected immediately upon creation. You can, however, choose the option to register your work with the Copyright Office. The reason why this could be a wise decision is because registration ensures you have a public record of your copyright. This will make it available for the community and everyone to be aware of. This can also aid against potential infringement claims in the future since you’ll have documentation from the office. When you have your work or product registered under copyright protection, it can certainly help prove that you are not infringing your product.
Amazon’s Copyright Infringement Procedures
To avoid malicious sellers trying to copy a work and sell it as their own, Amazon has a “report infringement form” which can be used by copyright owners to report alleged copyright violations or infringements. An organization might accuse you of copying their product, and they would open up a case with Amazon to try and stop your selling. These may be legitimate in some cases, but if your account has a copyright infringement claim filed against it and you are innocent of it, then it can cause you lots of hardship. Oftentimes sellers don’t even realize that the same exact product is being sold by another organization until a claim is filed against them. Therefore, a copyright infringement claim can definitely be a surprise to you- and not a good one.
What if a Copyright Infringement Claim Has Been Filed Against Me?
Amazon does not tolerate copyrighted products being sold by another organization without proper permissions. Therefore, while the claim is being processed, Amazon has the option to suspend your product ASINs on which the copyright infringement claim was submitted for. Product ASINs are individual numbers assigned to each product listed on Amazon. Since sellers can only list these products with these numbers, if they’ve been suspended, then no more sales can be made on those particular products until the ASINs are given back.
Amazon may even suspend your entire account for a given time until proper procedures are followed to refute the claim. However, if within 17 days the claim is not refuted with proper documents, your account is at a high risk of being completely deactivated and shut down. This can all be daunting to go through and challenging to fix, but our experienced team can help you prove against these claims and get your account back.