Recent discussions in seller forums have raised alarms about Amazon listings being suspended due to copyright infringement claims from eBay sellers using "public images." This article examines the validity of these claims and provides practical strategies for Amazon sellers to protect their businesses.
Image Copyright Infringement: The Sword of Damocles for E-commerce
Copyright infringement is no stranger to cross-border e-commerce sellers. Minor cases might result in Amazon requesting image replacements, while severe violations could lead to DMCA complaints and account suspensions. Typically, Amazon doesn't actively verify image sources during uploads. However, when original copyright holders provide concrete evidence of infringement, Amazon may issue warnings or remove listings entirely.
The notion that using so-called "public images" alone can lead to successful complaints appears oversimplified. Unless mistaken identity occurs, Amazon's decisions are based on factual evidence.
The Hidden Risks of "Public Images"
Are public images truly safe? Veteran sellers warn that many supposedly public images may already be copyrighted. Some sellers directly copy product images from Taobao stores, unaware that these Taobao sellers might also operate on Amazon. Once discovered, copyright complaints become inevitable.
The false sense of security surrounding public images creates significant legal risks. What appears to be a free resource might carry substantial copyright liabilities.
Original Photography: The Foundation of Product Differentiation
The solution is straightforward: create original product images. Rather than risking infringement with public images, sellers should invest time and resources in developing unique visual content. Even outsourcing photography should be considered a necessary business investment.
High-quality original images not only enhance listing attractiveness but also eliminate copyright concerns. More importantly, custom photography allows sellers to highlight product details and unique selling points, creating competitive advantages in crowded marketplaces.
Crisis Management: Responding to Copyright Claims
If facing copyright infringement allegations, sellers should consider these response strategies:
- Immediate Action: Cease using disputed images immediately. Consider product takedowns or negotiations with rights holders to prevent escalation.
- Appeal Process: For suspended accounts, prepare comprehensive evidence for Amazon's review process. The severity increases with brand prominence, requiring honest and thorough appeals.
- Document Retention: Maintain original photography files (RAW images, timestamps) to counter fraudulent claims. Seek legal counsel when facing malicious complaints.
- Original Content: Adopt original branding for all visual elements (logos, names, images) to prevent future infringement risks.
Case Study: The Cost of Copyright Negligence
One seller (Seller A) used supplier-provided images without verifying copyright ownership. When another seller holding the image rights filed a complaint, Seller A's listing was removed and store reputation damaged. The subsequent costs of re-shooting products and paying settlements far exceeded initial savings, demonstrating how copyright oversight leads to greater losses.
Industry Trends: Strengthening Copyright Protections
As cross-border e-commerce matures, copyright enforcement intensifies. Platforms like Amazon increasingly penalize infringement. Sellers must prioritize intellectual property awareness to maintain market competitiveness. Rather than risking unauthorized image use, building original brand assets provides sustainable business advantages.
In e-commerce, copyright respect isn't optional—it's foundational for long-term success. Amazon sellers must remain vigilant against image-related risks. Authentic content creation enables truly competitive products and brands. Remember: images may seem insignificant, but copyright matters profoundly. Respecting intellectual property ensures stable, enduring business growth.