From BuzzFeed News:
When artist Susie Ghahremani first came across a seller impersonating her on Amazon, she stayed up until 6 a.m., clicking through hundreds of the seller’s listings and reporting over two dozen URLs featuring counterfeit products. The rip-offs of her designs on Amazon were blatant: One listing used Ghahremani’s photo of a necklace she’d made, which featured her owl illustration in its pendant. The seller also claimed “Artwork by me, Susie Ghahremani” in the description. Still, Amazon denied Ghahremani’s takedown requests four times and only relented after her tweet chastising the company went viral.
The issue of stolen artwork on Amazon is widespread and well-known, but the company hasn’t addressed the infringement in a meaningful way. Fighting unauthorized use of artists’ original work on the site remains a constant battle. Though Amazon has a Brand Registry that allows Apple and other businesses to upload their trademarks and combat counterfeiting, independent creators who spoke to BuzzFeed News say the program doesn’t work for them — but they believe it should. Works of art are considered copyrighted goods and are not trademarks, like a brand name or logo, so artists don’t qualify for the “proactive brand protection” Amazon’s Brand Registry provides.
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Artists, photographers, and designers must instead resort to removal requests. They claim Amazon is slow to heed takedown notices and sometimes rejects them, even when listings clearly feature stolen photographs and artwork. They say that it often forces them to file complaints over and over again and that the site does not ban flagrant repeat offenders from its marketplace. And even when the company does remove infringing listings, the same stolen artwork often crops up again elsewhere on the site. On top of that, while the law requires Amazon to remove infringement, it does not hold the company responsible when artists sue the e-commerce giant for hosting stolen artwork and providing logistics for sellers who offer it.
“It would be ridiculous for us to try to combat this. We’re a small business,” Bryan Ambacher, the owner of Etsy shop CosmicFirefly, whose handmade jewelry is often copied and sold on Amazon, told BuzzFeed News. “We don’t retain an attorney. We make $150,000 a year in sales. And Amazon’s gotten so big that it’s like whack-a-mole. It makes me think you can’t beat Goliath,” he said.
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Amazon is required by US laws, including the Digital Millennium Copyright Act, to heed takedown requests from art copyright holders. “Amazon absolutely has to comply if they receive notice, under the DMCA,” said Joel Rothman, an intellectual property lawyer specializing in infringement cases.
But according to independent artists, Amazon typically doesn’t fulfill their first requests, and it sometimes offers inconsistent explanations as to why it doesn’t have to.
Ghahremani was dumbfounded in December 2018 when Amazon repeatedly refused to remove the listing of an owl necklace she reported. The artwork and product photo was hers, but the listing wasn’t.
“It shouldn’t have been a big deal. You’re not suing, you’re not making unreasonable demands — just that it gets removed — and Amazon won’t even respect that,” said Ghahremani.
Link to the rest at BuzzFeed News