How to WIN a copyright dispute! Proper DMCA Counter Notice format!


#1

I want to tell everyone EXACTLY what to do if someone files a copyright claim against you since NOBODY on here will tell anyone because NOBODY likes to give away their so-called “trade secrets”. We sellers need to start working TOGETHER instead of targeting each other. We need to start SHARING information with each other to help fight against these unsubstantiated copyright claims. It is getting worse and worse everyday and Amazon is siding with the claimants every time regardless of proof. I created this step by step process so hopefully I can inspire others to share their tips on defeating all these bogus and RIDICULOUS claims of copyright infringement that are plaguing this platforms. The copyright claims are going TOO FAR and large and small companies are targeting us all to destroy competition. Follow the instructions below the line to win 99% of copyright disputes EVERY TIME;


Step 1. Create an email going to "counter-notice@amazon.com".

Step 2. Fill in the blanks in the information below these arrows ↓↓↓↓↓↓↓↓ and paste it into the content of the email;

Dear Amazon.com Legal Department:

This letter is a formal response to a claim of copyright infringement against ASIN [INPUT ASIN’S] received on [INPUT DATE AND TIME], that were uploaded and published on Amazon.com. I believe the claims of copyright infringement made by [INPUT NAME and/or EMAIL of the COMPANY or PERSON THAT OPENED THE COPYRIGHT DISPUTE] are inaccurate and should be rejected because:

The material in question is not copyrighted, or the copyright has expired in the United States of America. It is therefore in the public domain and may be reproduced by anyone.

The complainant has provided no copyright registration information or other tangible evidence that the material in question is in fact copyrighted, and I have a good faith belief that it is not. The allegation of copyright violation is therefore in dispute, and at present unsupported.

The complainant does not hold the copyright to the material in question, is not the designated representative of the copyright holder, and therefore lacks standing to assert that my use of the material is a violation of any of the owner’s rights.

My use of the material is legally protected because it falls within the “fair use” provision of the copyright regulations, as defined in 17 USC 107. If the complainant disagrees that this is fair use, they must work directly with me, though legally viable channels, to resolve the dispute. Amazon.com and its employees under no obligation to settle this dispute, or to take any action to restrict my speech at the behest of this complainant.

The complaint does not follow the prescribed form for notification of an alleged copyright violation as set forth in the Digital Millennium Copyright Act, 17 USC 512©(3). Specifically, the complainant has failed to:

  • Provide a complaint in written form. [17 USC 512©(3)(A)]
  • Include a physical or electronic signature of the complainant. [17 USC 512©(3)(A)(i)]
  • Identify the specific copyrighted work claimed to be infringed, or, if multiple copyrighted works are covered by a single complaint, provide a representative list of such works. [17 USC 512©(3)(A)(ii)]
  • Provide the URLs for the specific files on my web site that are alleged to be infringing. [17 USC 512©(3)(A)(iii)]
  • Provide sufficient information to identify the complainant, including full name, mailing address, telephone number, and email address. [17 USC 512©(3)(A)(iv)]
  • Include a written statement that the complainant has a good faith belief that use of the disputed material is not authorized by the copyright owner, its agent, or the law. [17 USC 512©(3)(A)(v)]
  • Include a written statement that the information in the notification is accurate, and under penalty of perjury, that the complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. [17 USC 512©(3)(A)(vi)]

This communication to you is a DMCA counter notification letter as defined in 17 USC 512(g)(3):
I declare, under penalty of perjury, that I have a good faith belief that the complaint of copyright violation is based on mistaken information, misidentification of the material in question, or deliberate misreading of the law.

I ask that Amazon.com, upon receipt of this counter-notification, restore the material in dispute, unless the complainant files suit against me within ten (10) days, pursuant to 17 USC 512(g)(2)(B).

My name, address, and telephone number are:

[INPUT YOUR NAME
[INPUT YOUR ADDRESS]
[INPUT YOUR PHONE NUMBER]

I hereby consent to the jurisdiction of Federal District Court for the judicial district in which I reside (or, if my address is outside the United States, the jurisdiction of the Federal District Court for the San Francisco, California judicial district).

I agree to accept service of process from the complainant.

Best regards,

[INPUT YOUR NAME]

Date: [INPUT DATE] Signature: [CREATE PNG w/ WHITE BACKGROUND OF SIGNATURE INPUT HERE]

Step 3. Input the following in the quotes as the header of your email: “DMCA Counter Notice to Complaint ID [INPUT COMPLAINT ID] (signed version attached)”.

Step 4. Create a PDF version of ALL info in Step 2 and attach it to your email. The PDF MUST include your signature. If you do not include the PDF version in an attachment Amazon will reject your DMCA counter notice.

Step 5. SAVE THIS PROCESS so you can use it in the future if you need. Your ASIN WILL be reinstated. The process takes around 10 days to complete. DO NOT INCLUDE THE BRACKETS AROUND INPUT AREAS!

NOTE: Following these steps FORCES the company to LEGALLY prove their copyright complaint in a court of law. There is a 99% chance they will NOT take you to court. Amazon will almost ALWAYS side in your favor using the process I have stated. You WILL need to follow this process against EACH individual complaint against you, not each individual ASIN. This WILL work. You should NOT get in the habit of overusing this process and it should only be used if you can not resolve the dispute in question by working with the complainant directly. You should always try to resolve the dispute first with the complainant and if you can’t, simply follow the steps above. I want to point out that Amazon ONLY accepts a copyright dispute as resolved IF the complainant agrees to not only withdraw the copyright complaint, but to ALSO allow you to reinstate the content that they claimed copyright against in the first place. The process has not always been like this but the jaws of Amazon are getting tighter and tighter in the past year or 2. Be careful and avoid copyright violations at all costs.


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#2

@Custom_Art_Online, thank you for sharing this! Bookmarked. :heavy_check_mark: :smile:


#3

Not a problem


#4

Ty :hibiscus::slight_smile:


#5

I really appreciate this! I submitted my dispute and now have to wait about 2 weeks.

Do you know what happenes to the person who submits a false claim? I am wondering if the unethical seller will be affected in any way. Hope Amazon takes some kind of action for violating the seller code of conduct.

Thanks,

Marie


Notice of copyright can't email amazon
#6

Panther

(this isn’t to disparage the post at all, it’s just what came to my mind upon reading this)


#7

What do you mean reproduced? Does this apply to electronic goods?


#8

Nothing happens to that person/business that made the claim other than the listing being reinstated. Also, a DMCA Counter Notice submitted as described only tells Amazon to follow the law regarding copyright claims and forces Amazon to force the person/business to prove it in court. Its not saying that that person/business is a liar or a fraud, it is simply telling Amazon to tell the claimant to prove their copyright claims in court. 99.9% of the time this will not happen.


#10

What’s the rationale for that…is Canada lawless?


#13

Paysmart: be smart. You bought merchandise that you now recognize violates Intellectual Property rights. You need to destroy it and absorb the loss as a lesson learned.

Asking for ways to nonetheless benefit from it (sell it elsewhere, etc) is like asking — in a public forum no less — how to offload stolen merchandise.

Asking the injured party for permission to allow you to sell it … chutzpah.


#14

You’re right. I don’t know what I was thinking. It’s not right to do that. Thanks for your input


#15

You may remove this sections if you like. However, this is an important claim to make. Again, the goal is to force the company to prove their copyright claims in court, which they will likely NOT do. People and businesses are actively abusing the copyright system on Amazon. This message is a tool to fight back against that. it will work. Your first goal should be to resolve the dispute with the company. If they aren’t willing to work with you on resolving the dispute follow the steps I provided. It is either that or leave a copyright dispute on your Amazon account and risk suspension.


#16

This format should also work in Canada but I am not sure. I believe this only pertains to Amazon.com. I may have used this message successfully on Amazon.ca before but I can’t quite remember. It is worth a shot of course.


#17

This format for disputing a copyright claim in the USA should work for ANY copyright claim that is made, including electronics. Please use common sense.


#18

Happy to help. I know other methods of fighting back against trademark claims and other claims as well…


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#19

plmk other tactics you can mesage me if you dont want to post , I appreciate your time:)


#20

@Custom_Art_Online

thank you for sharing this info!!


#21

Well I can honestly say it worked. Only took 1 day though.


#22

@Custom_Art_Online

How did you come about this response? Are you a lawyer? Did you have a lawyer write this?


#23

9 years of experience in eccomerce… 500,000+ customers