Copyright Infringement notice
I'm a long term low volume used book reseller and listed a copy of The Collected Works of Hal Lindsey that came into my bricks and mortar as a used book. After being listed for two years I just received notice of Copyright Infringement from his legal team under the Digital Millennium Copyright Act (this is a physical used book). There are currently numerous listings of his titles on Amazon. I notice in the appeal process I have two choices. I can acknowledge that I somehow violated the policy (I don't know what the hit to my seller account would be) or I can appeal the decision but one of the stipulations is that I agree to basically be sued if I lose the appeal (or at least that is my understanding of the agreement structure). I don't think I violated copyright by listing a used book, especially with the volume of books listed but I'm unsure how to file an appeal without opening myself up to a possible lawsuit as I obviously don't have "permission" to sell a used copy of this book. Any insight as to how to proceed would be appreciated (or any insight as to how just acknowledging the violation impacts my status).
Copyright Infringement notice
I'm a long term low volume used book reseller and listed a copy of The Collected Works of Hal Lindsey that came into my bricks and mortar as a used book. After being listed for two years I just received notice of Copyright Infringement from his legal team under the Digital Millennium Copyright Act (this is a physical used book). There are currently numerous listings of his titles on Amazon. I notice in the appeal process I have two choices. I can acknowledge that I somehow violated the policy (I don't know what the hit to my seller account would be) or I can appeal the decision but one of the stipulations is that I agree to basically be sued if I lose the appeal (or at least that is my understanding of the agreement structure). I don't think I violated copyright by listing a used book, especially with the volume of books listed but I'm unsure how to file an appeal without opening myself up to a possible lawsuit as I obviously don't have "permission" to sell a used copy of this book. Any insight as to how to proceed would be appreciated (or any insight as to how just acknowledging the violation impacts my status).
0 respuestas
Seller_XSqPquQH4FvW1
Their "legal team" is clearly confused about what a copyright is. You can certainly sell a used copy of the book under first sale doctrine. You might point this out in your appeal. I don't know what other advice to give on a possible lawsuit.
Seller_LyYw7fQRKc5G7
For the love of cheese.
File a DMCA counter-notice.
Seller_EGAYxdv2MmpO0
Obviously they are wrong, but for a $15 book probably blow it off.
Stevie_Amazon
Hi @Seller_HQPEJMKRK5gSq,
I hope this finds you well.
I understand you have received an intellectual property complaint for copyright on a used book you have listed for sale.
As a copyright protects original works of authorship, such as videos, movies, songs, books, musicals, video games, and other like materials, complaints from a rights owner will always been taken seriously. Even when this occurs and, like in your situation, you believe you are operating within full compliance of local, state, and federal laws, the violation on your account health page has been placed there for you to provide evidence of your lawful and compliant listing of an item.
"You may be able to upload or sell someone else’s copyrighted work on Amazon if you have received permission from the copyright owner or if your use is protected by the “first sale” doctrine. The first sale doctrine generally permits the resale of a genuine, lawfully purchased physical item (such as a book or CD) without permission from the copyright owner." As long as the item you are selling is 100% authentic and an original work, this will apply. From where did you purchase your item? Are you able to show that this item is an authentic production coming from the original author?
You do have this option; however, as you have stated this can potentially impact you outside of Amazon in terms of legal action taken by the complaining party.
You may also have the opportunity to acknowledge the violation and fill out a questionnaire which is help you provide insight into the root cause of the violation, corrective action, and subsequent documentation depending on the choices selected. What are you seeing when you start to acknowledge the violation?
If you need further support, do not hesitate to continue using this thread, as the forums community and I are here to support you.
All the best,
Stevie.
Seller_6ilYpWQG4vwkH
This is well covered ground that's already been litigated all the way up to the Supreme Court. For example take a look at Kirtsaeng v. John Wiley & Sons, Inc., 568 U.S. 519 (2013) which was a Doctrine of First Sale case regarding copyrighted works produced overseas:
"In 2013, the U.S. Supreme Court reversed the Second Circuit and held that Kirtsaeng's sale of lawfully-made copies purchased overseas was protected by the first-sale doctrine. The Court held that the first sale doctrine applies to goods manufactured outside of the United States, and the protections and exceptions offered by the Copyright Act to works "lawfully made under this title" is not limited by geography. Rather, it applies to all copies legally made anywhere, not just in the United States. So, wherever a copy of a book is first made and lawfully sold, it can be resold in the U.S. without permission from the publisher."
As long as it's a legitimate copy of the book there should be no issue.
Seller_yYmMTCwJZOpvV
We have this happen once a year and every year...
We have a lawyer with a retainer he will send out a po to the address that's overnight letter stating we will be suing for damages and he puts the state law on where your allowed to sell used books and the owner does not have ownership of used book.
Normally when we get these its the children or grandchild that inherited the royalties and don't understand the law and just want more money.
Also new book authors that think they own used books and when they get that lawyer letter with contact information and threat of lawsuit for damages they change real fast. Had one call me apologizing they did not know. People are greedy and will grab more then they can chew thinking they will get away with it. Having a lawyer keeps people honest. "or humbles them quick lol"
