Did Amazon suspend your account for a copyright violation? Don’t worry, you can get it reinstated quickly with a DMCA Counter-Notice. In this video, I’m going to discuss the importance of filing this Counter-notice and I’m also going to talk about an effective Plan of Action that our team did to immediately reinstate this Amazon account.
What is a DMCA Counter Notice?
A DMCA counter notice is a response a seller is permitted to submit when they are accused of infringement and provided with a valid DMCA (Digital Millenium Copyright Act) take-down notice. This step should only be taken by Amazon Sellers who truly believe their account has been wrongly interfered with by a false accusation of infringement, these claims must be submitted carefully as a false declaration of this kind is illegal and can result in prosecution.
When should I submit a Counter Notice?
When served with a DMCA take-down notice you should review, and if applicable confirm the reported infringement, before following through with removing the product which is evidently guilty of copyright violations. The take-down notice is essentially a warning to you that if you do not remove your infringing products or resolve the discrepancy, serious legal action will be taken against you by the copyright owner.
If you do not believe that the product you are selling is committing copyright infringement, you have the right to file a petition through the counter notice which claims that you have been unjustly punished and will not concede to the brand by means of taking down your listing.
When you file a counter notice, you subject yourself to litigation for copyright infringement and for providing false testimony, as well as the jurisdiction of the U.S. Courts so it is crucial that this action is only taken when you can prove you have not violated copyright terms. You are required to respond to a DMCA notice in one of these ways, if you ignore the notice you are vulnerable to a copyright infringement lawsuit.
How do you know if your DMCA Notice was resolved?
After you make the decision to file a DMCA counter-notice, the organization whose take-down notice you have refuted will be notified of the claim you have made. In the fourteen days following, the organization will investigate the claim that you are not infringing and has the right to pursue your deactivation through litigation if they do not come to the same conclusion. Suppose the organization against which you have filed the counter-notice does not respond in fourteen days’ time. In that case, the service provider must reinstate your seller account and remove any derogatory marks.
How do I file a DMCA counter notice?
When making the decision to submit a DMCA counter notice there are several pieces of information that you should compile in order to file your document effectively.
You must locate the product or material which the DMCA notice identifies as the original. You should include the link (URL) to where the original can be found along with the type of platform it is (Facebook, Amazon, etc).
In addition, you must include the details of where your content was located before being removed. This information should also include the URL of where your content was available at the time of receiving the DMCA notice.
You must provide details about the ownership of this content including but not limited to; the content owner’s name, how did you come into ownership, who is claiming ownership, when the content was created, and when the content was stolen.
What can I do if I get a repeat DMCA Notice?
If you receive an additional DMCA notice after you have already removed the infringing material, you should notify the party who is filing the take-down notice that they have sent a duplicate. Take-down notices are often filed automatically and the responses are left unmonitored for periods of time.