Copyright Registration

Copyright registration is a legal process whereby a party makes a record of their creative work with a government copyright office. It establishes official recognition of the person or organization’s ownership over their creative work, guaranteeing legal protection and enforcement rights to the owner, and strengthening their legal standing in the event of an infringement dispute. In e-commerce, copyright law and marketplace policies are a crucial part of protecting the intellectual properties, creative assets, and brands of sellers.

What does copyright protection cover?

Copyright law covers original works of authorship that are physically expressed in tangible. That means that any creative work that is recorded, written, or otherwise captured in a reproducible format is subject to copyright protection. In the context of e-commerce, the following typically benefit from copyright protection:

• Images and videos: Any product photos or videos that are used for listings on e-commerce platforms.
• Site content and marketing copy: Any original texts produced by a seller can be copyright-protected. This includes site content and blogs, product descriptions, and advertising material.
• Logos and graphic designs: Original graphic designs and artistic elements of logos can be protected by copyright. However, logos themselves are typically protected with a registered trademark.
• Digital products: Digital products such as e-books, downloadable content, and software code are protected under copyright law.

How do e-commerce platforms respond to copyright infringement?

To maintain the integrity of their marketplaces, major e-commerce platforms typically have mechanisms in place to help sellers protect their intellectual properties, in compliance with legal protections such as the Digital Millennium Copyright Act (DMCA). The following are some examples of mechanisms that exist to address copyright infringement:

• Reporting and takedown procedures: Platforms like Amazon, Etsy, and Walmart allow reporting functionalities that allow copyright holders to file complaints regarding listings that infringe on their IPs. Such listings can then be taken down.
• Penalties and punishments for sellers: Sellers who commit repeated infringements or egregious violations typically can have their accounts suspended temporarily or permanently banned to prevent further issues.
• Appeal processes: Major e-commerce platforms typically have an appeal process. This gives sellers wrongfully accused of infringements to provide proof of copyright ownership so that they may resolve potential disputes and utilize their creative works without issue.

How can a copyright holder take action against copyright infringement?

If a copyright holder does not opt to use the in-built reporting features on a digital marketplace, or if the infringement takes place on a platform on which they do not operate, they have several other options in terms of recourse.

• Cease and desist: The copyright holder can issue a cease-and-desist order to the infringing party. This is a written demand for the other party to stop what they are doing, take down copyrighted content, and cease committing further infringements.
• DMCA takedown notice: Under the provisions of the Digital Millennium Copyright Act (DMCA), copyright holders can bypass the infringing party and submit a takedown notice to sites, hosting providers, or digital marketplace operators to remove infringing content from their platforms. Hosting parties must comply with DMCA or potentially face liability for the infringing material.
• Litigation: If a copyright holder is unable to reach a satisfying conclusion through the above methods, they may enforce their legal rights through litigation. They may file a suit for damages or penalties, or to impose an injunction on the offending party to prevent further infringement.