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Copyright Protection for Amazon sellers

Posted on by trademarkangel

Copyright is very important to protect to make reporting copyright infringement to Amazon easier. Don’t neglect registering your copyright!

While Amazon Brand Registry (ABR) is a hype, many, if not all, mistake it as an all-in-one protection card. The ABR, as its name suggests, merely protects a seller’s brand or trademark within the Amazon platform. It does not concern copyright infringement or any other infringement other than one concerning a brand or trademark.

Only a few realize that trademark is not the only intellectual property asset an Amazon seller has. Most, if not all, forget about copyright.

Don’t get this wrong: while protection of a brand is important, it does not render copyright on Amazon less of a value.  Copyright is as important as any intellectual property assets.

Let’s take a step back, what is copyright?

A copyright protects original works of authorship, such as videos, movies, songs, books, musicals, video games, paintings, etc. Generally, copyright law is meant to incentivize the creation of original works of authorship for the benefit of the public. To receive copyright protection, a work of authorship must be created by an author and must have some amount of creativity. If someone is the author of an original work, then they typically own the copyright in that work.

What are common copyright materials on Amazon?

Product photos or images are the most common copyright materials on an Amazon listing. It also implies that these are often the ones being infringed upon.

Under Amazon Intellectual Property for Rights Owners, a seller can generally use his/her own copyrighted images on product detail pages to sell a product; however, he/she should not take images from other sources and add them to product detail pages without the Rights Owner’s permission.

How does copyright infringement happen on Amazon?

Among other circumstances, there is a copyright infringement when a seller copies, without authorization, product images of another seller.

How can original works on Amazon be protected?

It is important to first establish that a seller obtains rights on original materials such as product photos on Amazon from the moment of creation. It means that the rights on an original material automatically exists in favor of the creator or author without the need of registration.

Copyright registration

However, in the United States, copyright registration is required to enforce rights on copyrighted works. After all, having rights and taking action to enforce your rights are two different animals. One can have a right on a thing but does not enforce it against any person violating such a right. Similarly, one cannot enforce a right he/she does have.

Hence, the first step of copyright enforcement is to obtain registration.

A certificate of registration is strong evidence that may support copyright claims.

Without an official document, copyright enforcement can be very frustrating. In most cases, alleged infringers ignore demand letters without supporting legal documents.

Copyright notice

Once a registration is obtained, a seller can incorporate a copyright notice on his/her product photos.

Having a copyright notice puts the public on notice that your content is protected and copyrighted. This will help keep most cases of infringement from occurring. If any cases do occur, having a copyright notice will help you prove your case in court that the copyright infringer was put on notice that your content was protected.

Demand Letters

Before filing a report on Amazon about copyright infringement, it is recommended to first reach out to the party who is allegedly infringing copyrighted material. Sending professionally written demand letter with supporting legal documents is an effective means to resolve a dispute without spending a lot of time, energy, and resources.

In addition, the demand letters are also evidence that copyright infringer was put on notice that your content was protected.

Reporting copyright infringement on Amazon

Amazon has its intellectual property regulations. To report a copyright infringement the following information are required:

  • The ASIN (Amazon Standard Identification Number) or the URL of the infringing product;
  • A description of the copyrighted work that has been infringed upon;
  • A link to the copyrighted work; and
  • The copyright registration number

The above requirements seem easy to comply, but to ensure the success of the report and to effectively remove the infringing products on Amazon, it is important to submit professionally written description of the copyrighted work and to ensure that the subject copyrighted works contain copyright notice and the copyright registration number.

Copyright Small Claims

If all remedies within Amazon are exhausted, an owner of a copyrighted work can bring his/her claims to the Copyright Claims Board (CCB).

The CCB will be a three-member tribunal within the U.S. Copyright Office that will provide an efficient and user-friendly option to resolve certain copyright disputes that involve less than $30,000 (called “small claims”).

Note, however, that the U.S. Copyright Office is still in the process of developing the CCB. This initiative may be implemented in the year 2022.

How can Trademark Angel assist with copyright registration.

Trademark Angel offers a copyright registration package at a low cost for your choosing. The basic package comes with the following inclusions:

  • Copyright registration
  • Cease-and-desist letter template
  • Description of copyrighted work
  • Copyright notice statement
  • Amazon copyright infringement report template
  • Consultation

Currently we can assist you with registering your copyright in the following countries: USA, Canada, Mexico, United Kingdom, China and India.

Get started with our 15-minute free consultation by sending us an email at tm@trademarkangel.com

Copyright Registration and Protection

Posted on by trademarkangel

Copyright Registration and Protection

A copyright is protectable at the moment of its creation without the need for registration or other formalities.

The Berne Convention, an international treaty, provides that copyright in one country is given the same protection in each of the other contracting countries, without the need of registration or formalities. Countries such as the United States, Canada, United Kingdom, China and 174 other counties are country-members to the Berne Convention.

 If copyright is automatically protected, why obtain registration?

First, copyright protectability must be distinguished from enforceability. The former simply establishes rights of an owner to the copyright while the latter refers to exercise of rights. After all, one may have a right but may simply sit on it. Similarly, one cannot enforce a right which he does not have.

Therefore, obtaining a copyright registration helps in ownership disputes, facilitates financial transactions, sales, and the assignment and/or transfer of rights.

In the United States, a copyright registration is required before one can pursue a legal action against copyright infringers.

Copyright registration also provides legal presumption of validity and ownership of a given copyright material or work.  Most online platforms, including Amazon and major social media such Instagram, Twitter, and Facebook have copyright policies in place to assist rights owners in enforcing their copyrights. In other words, a copyright registration is an official document which one can readily submit as evidence to show or prove ownership and support copyright claims.

Conversely, if one does not have a copyright registration, he   or she may be put in a situation where it is difficult to prove ownership of the copyright.

It is important to understand that in enforcing a copyright against an infringer, the one who makes a claim has the burden of proof to establish his ownership and rights to a copyright material or work. As such, infringers of a non-registered copyright can use this weak link as a defense and may also claim ownership of a contested copyright material or work.

In fact, an infringer can obtain registration of someone’s copyright work. Unlike, trademark registration, Copyright Offices do not check whether or not an application is similar to an earlier filed or registered copyright.

Since copyright registration constitutes a legal presumption of validity, an infringer can claim another person’s copyright by obtaining a copyright registration before the real creator or author does. This stresses the point that one must immediately obtain copyright registration as soon as a material or work is created,

Another way that a creator or author secures his rights on the copyright material or work is obtaining tamper-proof evidence in a form of a token or digital certification which can prove that a work existed at a specific point in time. This is practical to those whose copyright materials or works are readily available on the internet.

Amazon sellers who have copyright registration, can utilize border protection apart from the platform’s internal intellectual rights policies.

While Amazon has internal policies and regulations concerning intellectual property rights, these may not be sufficient measures to combat copyright and trademark infringement.

Having a copyright or trademark registration,  one can partner with the government agencies such as the U.S. Custom and Border Protection which has the authority to detain, seize, forfeit, and ultimately destroy merchandise seeking entry into the United States if it bears an infringing trademark or copyright that has been registered with the United States Patent and Trademark Office (USPTO) or the United States Copyright Office (USCOP). Other countries have similar border protection.

Why Should I Register My Copyright?

Posted on by trademarkangel

Information on copyright law, rules, and regulations can often be intimidating, confusing, and complicated. The purpose of this article is to give you the basic knowledge you need to understand when and how copyright may exist in your creative works and why you should register your copyright.

What is a Copyright?

A copyright is a legal right bestowed by a government authority that grants protection to the creator of certain types of works or intellectual property. It is a kind of property right, even though it protects intangible property. In the same way that a house, car, or computer can be owned, copyright law provides similar reasons for the ownership of intellectual property or works of authorship.

Copyrights are granted for original works of authorship, including:

  • Literary Works – including books, poems, essays, plays, and spoken works, like speeches
  • Choreography, Dance, and Pantomime
  • Audiovisual Works – including recordings of music, songs, literary works, dramatic works, etc.
  • Visual works – including photos, visual images, maps, illustrations, cartoons and sculptures
  • Architectural Works

Things that cannot be protected by copyright include:

  • Thoughts and ideas – this because they are not fixed. They would have to be embodied in some tangible form to be protected.
  • Facts and data – for example, environmental data or the periodic table of the elements are not copyrightable. Neither are depictions of data that are not original or minimally creative, such as simple tables and graphs.
  • Single words and short phrases – these can’t be protected by copyright. However, they could be protected by trademark law is used by a company, business, or organization as a tagline or slogan. Furthermore, if a single word or phrase forms part of a logo, there may be copyright in the design of that logo.

What Rights Exist in a Copyright?

A copyright gives the copyright holder the exclusive right to copy a work, as well as the exclusive right to:

  • Perform the work
  • Publish the work
  • Translate the work
  • Adapt the work to another format (e.g. a novel to a film, or a film to a play)
  • Record a literary, dramatic, or musical work
  • Broadcast the work
  • Exhibit an artistic work
  • Rent out a computer program or recording of a musical work
  • The right to authorize others to do any of these things

The copyright holder is often the creator of the work, meaning the author, artist, or composer.

The copyright can also be transferred to someone else, for example, to a publisher.

To give you a practical example: if you hired an artist to design/draw a logo for you, your designer will automatically own the copyright in that logo. If you want to own the copyright, you need to ask the designer to assign/transfer the copyright to you. (Trademark Angel can assist with copyright assignments).

Furthermore, there are situations when an employer automatically owns the copyright to works created by an employee.

How Long Does Copyright Protection Last?

Copyright protection does not last indefinitely. Generally, copyrights in the United States last for the life of the author or creator + 70 years. Copyrights in Canada last for the life of the author or creator + 50 years.

When the copyright expires, the work joins what is called “the public domain”, which means that it can be freely copied or used in any way without the permission of the copyright holder or any payment. For example, there are no longer any copyright limitations on who can perform Shakespeare’s plays or who can copy the Mona Lisa painting.

How do I Obtain a Copyright?

In the US and Canada, copyright does not require registration. Copyright exists in a work as soon as it is:

  • Written down;
  • Saved electronically;
  • Recorded; or
  • Expressed in a tangible way

For international copyright protection to exist, the work must be created in a country, like Canada or the United States, that is a member of an international copyright treaty such as the Berne Convention. These treaties include most countries in the world and ensure that a work created in a member country will be protected in all other member countries.

Why Bother Registering My Copyright if I Have Already Been Protected Automatically?

As mentioned above, copyright is automatic when the work is original, fixed in a tangible form, and when it is created in Canada, the U.S. or other copyright treaty country.

However, in some countries, such as the United States and Canada, you will need to register your copyright if you want to file an infringement lawsuit in federal court and to be awarded statutory damages.

Statutory damages are important because, in some cases, they can be significantly greater than the actual damages you suffer as a result of the copyright infringement.

But, even in countries where copyright registration is not a prerequisite for bringing a copyright infringement lawsuit, copyright registration can be presented in a court of law as prima facie evidence of ownership of work if a dispute arises.

Registering in the United States and Canada

Copyright registration in Canada is made through the Canadian Intellectual Property Office, while in the United States, copyright registration is done through the U.S. Copyright Office. In either case, you will generally be required to supply the same basic information, which is as follows:

  • The type of work you wish to register (literary, visual, sound, etc.)
  • The title of the work
  • The status of the work (published or unpublished)
  • The date the work was created and/or published
  • The author’s name
  • The author’s country or domicile
  • What is the work the author contributed (i.e., lyrics, text, music, editing)
  • The copyright owner/claimant information (i.e., the name and contact information of the author or the author’s employer).

An experienced IP professional can help you avoid costly mistakes and register your copyright correctly the first time. For assistance with register your copyright in Canada or the United States, contact Trademark Angel in Canada at 226.246.2979 or visit our contact page to book an initial consultation. Our service is simple and efficient and will allow you to prevent others from profiting from your creativity and hard work.

Differences Between Trademark and Copyright

Posted on by trademarkangel

A common question asked by business owners, authors, and creative individuals is whether they need a copyright or a trademark to protect their work. This is because many aren’t aware of the differences between trademarks and copyright and which one is appropriate for what they want to protect.

But, the intellectual property rights you have in a trademark or copyright may be the most valuable asset you own. Therefore, they need to be protected. Understanding the differences between a copyright and a trademark is the first step in properly protecting your interests.

Intellectual Property

Intellectual property (IP) is at the core of copyright and trademark law. IP is embodied in creative works like writings, music, sculptures, paintings, or drawings; in words, symbols, and phrases; and even in new inventions and processes.

The three fundamental types of intellectual property are:

  1. Trademarks;
  2. Copyrights; and
  3. Patents

The rest of this article will focus on the difference between trademarks and copyrights only.

What is Copyright?

A copyright is a form of intellectual property protection provided for almost every kind of creative expression, including:

  • Paintings;
  • Sketches;
  • Writings;
  • Sheet music;
  • Video and audio recordings;
  • Sculptures;
  • Architectural designs;
  • Computer software; and
  • Other written or creative works

For copyright to exist in a work, it has to be fixed in a “tangible medium”, meaning that it must already exist in some perceptible form, such on paper, in a sound or video recording, or embodied in a painting or sculpture.

Copyright protection is available for both published and unpublished works and, in general, gives the owner of the copyright the legal right to exclude others from using or reproducing their work without the owner’s permission.

A copyright is automatically conferred the moment a work is created. However, there are certain advantages to registering a copyright, such as the ability to prove that you are the original creator through documentation.

A copyright grants the owner exclusive rights in the way that an idea is expressed. But, it does not confer any rights in the idea itself.

For instance, if you were to write an article about a particular car, the text in that article would be protected by copyright, preventing anyone else from using those same words in the same order. However, this doesn’t preclude someone else from writing their own original article about the same car, or from using or producing a car just like the one described in your article.

Lastly, copyrights do not protect short phrases, titles, or common design elements. These types of assets are usually protected as trademarks, which are often confused with copyrights.

What is a Trademark?

A trademark is a form of intellectual property protection that covers symbols, names, logos, words, and devices that are used to identify the goods or services of one business entity from the goods or services of another. Trademarks are intended to protect consumers from confusion and to protect the interests of the trademark holder as well.

When a business produces a particular product and registers a trademark for that product with the proper governmental agency, no other business can use that trademark in association with their own products. Examples of trademarks include:

  • “Google”;
  • “Coca-Cola”;
  • “Clorox”;
  • “Exxon”;
  • The Nike swoosh;
  • Starbucks’s mermaid;
  • The font used in the name “Walt Disney”;
  • The NBC peacock; and even
  • The NBC chimes.

In order to qualify as a trademark, the mark has to be distinguishable from other marks. So, when choosing your trademark, it is best to choose a word, symbol, or phrase that is distinctive.

Trademark protection accrues as soon as you begin to use a name, symbol, logo, etc. in association with your products or services. Thus, like a copyright, a trademark does not have to be registered. However, having your trademark registered with the proper government authority can be a huge advantage, especially when it comes to proving ownership and enforcing your rights in the trademark.

The Gray Area Between Trademark and Copyright Protection?

On the surface, trademarks and copyrights may appear to be almost the same thing. But, in reality, they are not.

A copyright protects the unique expression of an idea, while a trademark is intended to differentiate the particular goods and services of one company from those of another. The main source of confusion between trademarks and copyrights is the fact that a trademark can also be copyrighted if it also embodies a creative expression.

For example, the infamous Nike swoosh identifies products produced by the Nike company from similar products made by other companies, such as Adidas, Converse, or Puma. Thus, the Nike swoosh is a trademark. However, because (in its form and shape) it is a unique expression of an idea, it can also be protected by a copyright.

Conclusion

In simple terms, copyrights and trademarks are both types of intellectual property protection provided to businesses, authors, artists, and others. But, they differ in the subject matter of the protection they provide.

Copyrights grant exclusive rights to the authors of creative works, while trademarks generally protect marks used to indicate the source of goods and services, and are meant to protect the interests of consumers, as well as, the trademark holders.

However, whenever a trademark embodies creative originality, such as with a logo design or an illustrated character, it can be the subject of both a copyright and trademark protection.

For More Information, Contact Trademark Angel

To find out if a trademark or copyright is best to protect your intellectual property interests, call Trademark Angel 226.246.2979 or visit our contact page to request a consultation. We register trademarks in the US, Canada, the United Kingdom, the European Union,  Australia, China and India.