Copyright Disputes on Amazon: DMCA Notices and Counter Notices Explained With Lawyer David Miller

Ever wondered what happens when someone copies your content or product images on Amazon?

Or maybe you’ve been accused of copyright infringement yourself and aren’t sure how to respond.

In this article, I’ll share how to handle copyright disputes on Amazon using DMCA notices and counter-notices.

All the insights come from David Miller, an eCommerce attorney at DAM Law Firm.

We actually sat down to talk through this topic; the video’s right below if you want to catch our full discussion. 😉

Watch All My Videos With David Miller on YouTube

What Is a DMCA Notice on Amazon?

If you notice someone using your photos, videos, text, or other creative work on their Amazon listing, that’s potentially a copyright violation.

To report it, you can file what’s called a DMCA takedown notice.

This is a formal request to have the infringing content removed.

Amazon takes this sort of claim seriously.

In fact, they’ll usually take down the infringing listing while reviewing your claim.

David explains that this process is meant to protect your ownership rights.

It’s your legal way of saying, “Hey, that’s my content; please remove it.”

If you want to understand how this process works in more detail, check out my related guide on how to handle a copyright complaint on Amazon.

What Happens If You’re Accused of Copyright Infringement?

Now, let’s say the situation is reversed.

You get a notice saying your listing has been taken down because of a copyright complaint.

What can you do?

According to David, you can file what’s called a DMCA Counter Notice.

This is your official response saying, “I believe this takedown was a mistake, and I have the right to use this content.”

Once you submit your counter-notice, Amazon gives the person who filed the original complaint 10 business days to decide whether to take legal action.

David refers to this as the “put up or shut up” rule.

Here’s how it plays out:

1. If the complainant files a lawsuit within those 10 business days, your content stays down; and now the dispute moves into court.

2. If they don’t file a lawsuit, Amazon should reinstate your content as soon as possible.

This setup gives both parties a fair chance, but as David points out, it can sometimes be frustrating for sellers who feel wrongly accused.

Watch All My Videos With David Miller on YouTube

What If You Don’t Want to File a Lawsuit?

David also highlights a tricky part of this process.

If you’re the one whose copyright was violated but you don’t want to spend the time or money on a lawsuit, you might feel stuck.

Amazon has reportedly been limiting repeat DMCA takedown attempts from the same complainant, meaning if you file a takedown and don’t follow it with a lawsuit, you might have trouble submitting another one for that same issue later.

So, while the DMCA process is useful, it’s not always simple.

For many sellers, getting legal guidance early on is the safest move.

Here’s another guide to check out if a dispute starts affecting your account status: Amazon Seller Account Suspended? Here's How to Get It Back

Legal Guidance From David Miller

If you’re facing a copyright issue on Amazon; whether you need to file a DMCA notice or respond to one; David Miller and his team at DAM Law Firm can help.

They specialize in eCommerce law and have worked with many Amazon sellers through these disputes.

You can contact David directly:

1. Website: https://www.damlawfirm.com/

2. YouTube: DAM Law Firm YouTube Channel

3. Instagram: @davidallenmillerlaw)

4. TikTok: @davidallenmillerlaw

5. Facebook: David Miller - Facebook

6. LinkedIn: David Miller - LinkedIn

7. Email: David@damlawfirm.com

8. Phone: 646-760-2844

Oh, and if you haven’t yet, don’t forget to check out our full playlist, over 30 videos (and counting!), where David and I discuss everything from trademarks to Amazon suspensions.

Watch All My Videos With David Miller on YouTube

Final Thoughts

Copyright disputes on Amazon can be stressful, especially if you’re unsure what your rights are.

But knowing how DMCA notices and counter-notices work can save you time, money, and unnecessary panic.

If you ever find yourself in one of these situations, take a step back, document everything, and reach out to a qualified eCommerce lawyer like David.

He’s been helping sellers like us navigate Amazon’s legal challenges for years, and his advice can make all the difference.