hi u/AndrewProVideo your reddit username implies you are professional in Videography, this is sister of Photography. I am very curious what was happening in your mind when you were "borrowing" photograph from competitor's listing? What did you expect to happen?
This is honest question: I am not being sarcastic or anything.
In the absence of a licence agreement, you'll need to go with a DMCA counter notice. This is when you make a statement in turn of the complaint that can be held against you legally, be sure to include the technical limitations you've raised here within that response (i.e, in order to remove the material you will first require access to the listing to fulfil your obligations).
You’re doing the right thing by taking their photos off your listing, but (unfortunately to the rights owner), they can’t legally proceed against you in court unless they officially registered the copyright, which makes me wonder if Amazon requires the same. One of my competitors digitally re-created one of my photographs (same text, subject placement, everything) and I’ve considered complaining, but since I never registered the copyright, I’ve been afraid it could turn against me. Also, my competitor is super shady and has a large staff, whereas I am one person dealing with Amazon on the side.
> whereas I am one person dealing with Amazon on the side.
This is frustrating. How hard would it be to take their own photo? (I also run a one person shop as I expect the majority of people on this site are.)
They openly break product compliance laws, offer money/gift cards/free products for reviews, steal IP from other sellers, and so much more, and Amazon does fuck-all about it. I know they have a large staff because they videotape themselves clowning around at the office and post it online.
Same thing just happened to me today, difference is I did not even create the listing. I just backpacked on one. And the one who complained is not responding to my emails.
If you're willing to spend the $$$ and he does not actually have a copyright on that picture then you can fuck him up by suing for damage caused to your business by filing a fake complaint.
hi u/AndrewProVideo your reddit username implies you are professional in Videography, this is sister of Photography. I am very curious what was happening in your mind when you were "borrowing" photograph from competitor's listing? What did you expect to happen? This is honest question: I am not being sarcastic or anything.
I didn’t actually take the photos from their Amazon listing. It turns out my supplier used their photos for the Alibaba listing.
oh! you borrowed photos from supplier who borrowed those from your competitor? Good lesson for all of us!
In the absence of a licence agreement, you'll need to go with a DMCA counter notice. This is when you make a statement in turn of the complaint that can be held against you legally, be sure to include the technical limitations you've raised here within that response (i.e, in order to remove the material you will first require access to the listing to fulfil your obligations).
Thanks!
Did they actually copyright the photos?
No, but they were the ones who took the photos so the copyright is implied.
You’re doing the right thing by taking their photos off your listing, but (unfortunately to the rights owner), they can’t legally proceed against you in court unless they officially registered the copyright, which makes me wonder if Amazon requires the same. One of my competitors digitally re-created one of my photographs (same text, subject placement, everything) and I’ve considered complaining, but since I never registered the copyright, I’ve been afraid it could turn against me. Also, my competitor is super shady and has a large staff, whereas I am one person dealing with Amazon on the side.
Thanks, it’s good to know that they can’t take this to court. For now I’m just trying to get my listing up and running.
> whereas I am one person dealing with Amazon on the side. This is frustrating. How hard would it be to take their own photo? (I also run a one person shop as I expect the majority of people on this site are.)
howd you find out they have a large staff and are shady lol
They openly break product compliance laws, offer money/gift cards/free products for reviews, steal IP from other sellers, and so much more, and Amazon does fuck-all about it. I know they have a large staff because they videotape themselves clowning around at the office and post it online.
Same thing just happened to me today, difference is I did not even create the listing. I just backpacked on one. And the one who complained is not responding to my emails.
Sorry to hear that! I’ve now sent a counter notice to Amazon and I’m waiting for their response.
I’d like to know what exactly they copyrighted before I waste any of my appeals but looks like they’re not willing to talk.
If you're willing to spend the $$$ and he does not actually have a copyright on that picture then you can fuck him up by suing for damage caused to your business by filing a fake complaint.