Copyright lawyers protecting intellectual
property rights for businesses &
brands selling online
A copyright is a creative form of original expression.
Copyright protection can apply to movies, music, and books, but most commonly, brands that sell on Amazon and other e-commerce platforms typically deal with copyright infringement issues related to the unlawful use of product photos, videos, and / or listing detail page text and verbiage.
Copyright protection is granted the moment a creative work is put into existence.
United States law recognizes copyright protection even if the work is not registered with the United States Copyright Office.
Copyright registration is still available and recommended.
Copyright registration provides brands and intellectual property owners with the ability to sue for statutory damages when litigating against infringing sellers online.
Statutory damages are financial compensation ordered payable to a copyright owner when a judge finds infringement during a lawsuit – the amount is determined in the judges discretion and is multiplied by the number of infringing acts committed by the defendant. Although copyright litigation is possible without registration, the copyright owner must prove actual damages to obtain financial compensation for infringement. This is sometimes more difficult to prove.
Copyright law online is primarily governed by the Digital Millennium Copyright Act or “DMCA.” The DMCA provides a powerful resource to companies and brands that sell on Amazon and other ecommerce platforms for removing content that infringes their copyrights. The DMCA ‘Safe Harbor’ Provisions require Internet Service Providers like Amazon to “expeditiously” remove content accused of copyright infringement from their platforms. The law requires this speedy removal of infringing content to ensure that the internet service provider, in this case, Amazon, is not held liable for hosting infringing content.
When working with the firm of Rosenbaum, Famularo & Segall, clients are provided with expertise and guidance when it comes to strategizing and dealing with Copyright infringement on Amazon or other ecommerce sites. We ensure that when we move forward with enforcement that all of our submissions are made in full compliance with the DMCA and intellectual property law, but also in line with Amazon and e-commerce platform policies. Most importantly, we ensure that our communications are effective and sent directly to the teams responsible for processing DMCA based copyright infringement claims. This is why our firm is so successful and provides the highest quality results and return on investment for our clients.
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