Friday, December 25, 2015

How to send a DMCA takedown to Amazon

If you do have a copyright infringement, I do not recommend using their form, apart from then not having a copy of your takedown yourself, you will more than likely get a reply back with one of the following:

They can't delete it as it's a permanent copy in their detail page or catalog.
They can't identify the image (even though you've given them the URL)
It's a matter of contract between distributors and manufacturers.
They send you guidelines of how to submit a notice.
They say they've deleted it but when you check they haven't.

If you're sending a takedown for an image infringement that you haven't uploaded yourself, and followed the DMCA format with all the correct links, all of these answers are incorrect. I don't know if it's lack of training or just being swamped with takedowns, but it's not good! Amazon's form fails for the following reasons:

You don't get a copy of your complaint back by email (so no proof or record).
There is no way to attach images for proof of copyright.
Even if you tick that you're not an Amazon seller, they can still get that wrong (that's when you'll get the "detail page" reply.
If the product is unavailable but still shows your image, at first glance when you put in the URL or ASIN you don't see the images, you have to select "specific images" from the dropdown.

Even if you send by email you can still get a similar reply. Some people have had more success sending a pdf attachment of the takedown as well as the email.

Be prepared to send a takedown several times! Several of mine have taken 8 weeks of going round in circles to remove. Also, you have to send separate takedowns for different domains, even if they have the same ASIN! Why, when the actual image is hosted in the same location on Amazon's servers?

Meanwhile there is a petition here for all you designers that have had work stolen and put on Amazon:
https://www.change.org/p/amazon-com-remove-product-listings-that-sell-stolen-artwork-shut-down-stores-that-violate-the-seller-agreement-with-regard-to-intellectual-property-rights-and-have-a-better-vetting-process-in-place-to-approve-sellers?

And don't forget to read this blog http://amazon-ipprotection.weebly.com/blog/archives/09-2015


So anyway, they've had several replies from me, ranging from fairly calm to really annoyed now:
WHICH PART OF COPYRIGHT INFRINGEMENT DO YOU NOT UNDERSTAND?

I did also send a link to my blog and Amazon has kindly paid a few visits, Edit, and now removed the images. Thank you! And, I've also tidied up my post as I was VERY angry at Amazon yesterday. Their form is supposed to make life easier, but it doesn't.

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