Amazon.com and copyright violations: Is anyone listening?
I'm a big fan of Amazon.com, partly because it's been the source of 95 percent of my income for the past seven years.But one of my pet peeves about Amazon is that it's so hard to get in touch with anyone there. Like many companies, Amazon answers most e-mail messages with a boilerplate response that doesn't even begin to answer the question. And that's if you get a response at all.
So what happens if you have a really important question? For instance, let's say that pirated copies of your work started showing up on Amazon. And you knew they were knock-offs because you purchased some yourself.
You'd think Amazon would be very interested to know that one of its third-party sellers was doing this, right? So did Joe Mefford of Screenstyle.com, a niche producer of DVDs. Here's his story:
We sell DVDs that we manufacture, and found someone had been making very lousy homemade copies of our DVDs on their computer and reselling them as "straight from the manufacturer." We know because we bought several copies from this reseller.Joe posted his story this week on an Amazon-administered discussion board. No response from Amazon there, either.
We contacted Amazon by e-mail -- nothing. We contacted Amazon's legal department by phone (had to leave a voicemail) -- nothing. We contacted Amazon's copyright department by e-mail twice -- nothing. Finally we got a number from someone who said they were Amazon's copyright agent and he said he'd call us back -- nothing. Finally, we had to send a nasty lawyer letter to the reseller, who quit selling our products but remains in business.
Is it always so difficult to get a response from Amazon in matters like these? This person was blatantly using Amazon to sell counterfeit goods and the lack of official response really concerns me .... We sell several hundred thousand dollars a year [on] Amazon, so it hurts their business as well.
I've also e-mailed Amazon with the claim that we should be entitled to any profits this person made selling counterfeit copies of our products, and they've not responded either.
Obviously it's a lot easier for a rogue seller to copy DVDs than it is for someone to reproduce a book. But at the same time, the equipment for scanning and reproducing paperbacks is getting cheaper every day. I'm sure there are more than a few counterfeit books being sold among the millions of books currently for sale on Marketplace -- to say nothing about the evolving world of e-books and digital audiobooks.
Amazon has a variety of dedicated e-mail addresses for the public to report infractions of all sorts of Amazon policies. Perhaps it's time Amazon set up another address for reports of intellectual property theft. This issue is in Amazon's best interests, as well as publishers.





6 Comments:
Good post Steve.
This is exactly the reason I have shied away from selling ANY ebooks on Amazon. It's bad enough thinking that my books will be pirated in some foreign country (but there's no sense losing sleep over that), but DVDs and ebooks - anything digital - is fair game. It's just wrong, but I can see no way to stop it. I used to know people - seemingly honest people - who thought nothing of buying a pirated CD, or filling their ipods with hundreds (thousands) of stolen songs. I say "used to" because I just had to stop associating with them. Something has to give at some point. Draconian laws are not the solution: remember prohibition? (That was not a reference to your age :-) Somehow we have to convince the public that stealing is wrong, or we (authors, actors, producers, directors, and artists) will be so broke that there will be no more art, books, or movies to steal eventually. But who's listening anyway. Amazon is like Apple. Notice Apple did nothing to curtail piracy of Mp3's while they were making sure that everyone on the planet had an ipod that holds 10,000 songs. If you have any ideas please lemmeno :-)
This is terrible. The number of book sellers selling supposedly new stock at amazingly discounted prices does amaze me though. Makes you wonder.
I have a question for you. What does it mean, when Amazon states, one used book, and one new book available. I have that on my book on the Amazon page.
I'm new to being published. I'm self-published and finding it extremely difficult to make it happen with book sales. They come in spirts, and then some months.........nothing.
Hoping you can help me.
Hi Deb,
The Amazon link labeled "XX Used and New" refers to the "Marketplace" third-party booksellers on Amazon. These folks are selling new and used copies of your book. They may be an independent bookstore, or they could be an individual selling some of their old book.s
How about, review copies that end up on Amazon or Ebay? That is the height of inappropriate behavior but it happens. I try to mark them or label them as not being for resale.
Anyone else have a suggestion?
Regarding the theft of copyrighted material, we found that Amazon has to be treated the same way as Ebay. When we found copyrighted photographs of one of our photographers being copied and resold on Ebay, they would do nothing about it until our counsel sent them a letter notifying them that we were not only extremely serious, but that we would also sue them if they did not take immediate action. They did so, in less than eighteen hours after receiving the letter from counsel. Today's internet mentality, even with Amazon, is if they can ignore you, you will eventually go away.
We, too, are shying away from using Amazon for our upcoming book release, and will likely use our own online marketing to a base we have established through another means. (Yes, Steve, I did order your book, today, and I will read it thoroughly to be certain this still makes sense. So far, it does.)
My advice to the original poster is to have an attorney write up a nice letter to the top brass of Amazon, send it registered mail, and wait for the proverbial you-know-what to roll downhill within the Amazon organization. The cost for a lawyer to dispense a letter requesting action in a timely manner is not expensive, and the larger benefit is that it lets folks with whom you have a business relationship know that you are serious about your copyright, and your expectations of their fulfilling their responsibilities in your agreement. And, no, I am not an attorney.
Good luck.
KJ
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