Defending Your Copyright on Amazon With IP Attorney Steven Forte - Episode 172

INTERVIEW WITH STEVEN FORTE FROM SMITH&HOPEN

DESCRIPTION

Today I’m speaking with Steven Forte, an intellectual property attorney with Smith & Hopen, P.A. in Tampa, Florida. Steven is both a registered patent attorney with the United States Patent and Trademark Office (USPTO) and is a member of the Florida Bar. He devotes his career exclusively to the practice of intellectual property law, focusing on all aspects of patent, trademark, and copyright law.  

An ongoing problem for us on Amazon is direct competitors taking our photographs directly from our product pages, and using them in their own product listings to sell similar products. When bringing the issue to Amazon's attention, the brand was told that they'd have to provide copyright registration or some kind of evidence that they are the owner of the copyright. The same brand has noticed their product images also showing up on other selling platforms. Steven talks about different options available to a brand to protect their copyright and the USPTO registration. 

Make sure to tune in! 

“They have their trademark and patent, they are really shining that, but copyright has really been left behind in Amazon, in my opinion.”
— Steven Forte

KEY TAKEAWAYS

  • A lot of times brands don’t have a copyright registration because it is too expensive to pay around $50 for every photo and it adds up quickly.

  • One of the best ways is to provide the original unedited photo so Amazon should be able to easily recognize that photo is taken from you. 

  • If you are selling something and you are a brand owner make sure that you have your brand on the photo. 

  • It is less likely that someone will take your photo when it has your brand on it.

  • If the product has different sellers Amazon can use your photos but that doesn’t mean that other sellers can take those photos and make new product pages. 

  • Great way to prove your copyright is if you have your own personal website with your photos there. 

  • Written product content is a little bit harder to steal and it is easier to solve that issue.

  • Copyright registration with the USPTO is recommended if you have large volumes and large sales.

  • If you are starting off with your own brand make sure that your trademark is ready to use from the beginning.

MENTIONED IN THIS EPISODE

Season 3Kiri MastersComment