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Thread: Copyright Infringement and Amazon's Ability, if not duty, to stop it


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Permlink Replies: 41 - Pages: 3 [ 1 2 3 | Next ] - Last Post: Feb 14, 2018 5:43 AM Last Post By: Dale Manolakas
Dale Manolakas

Posts: 71
Registered: 03/30/13
Copyright Infringement and Amazon's Ability, if not duty, to stop it
Posted: Jan 22, 2018 5:38 AM
 
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Amazon has the ability, and I believe the duty, to stop sites that steal our works. I really don't want to hear that the author holds the copyright and so Amazon CAN'T. They can if we have a little checkmark box to allow them to protect our rights. It's simple. It's called assignment of rights for a particular purpose!!! Give us the box to check, like all the other boxes we check when we publish with you exclusively.

I rarely post because there are such illogical and non responsive threads. BUT this is one thing we can all agree on. If you have ever spent your time the quagmire of copyright infringement correction you know what I mean.

Amazon needs to help protect its authors. And don't start with it has no legal duty to do so. We all know that. It makes enough money off our backs that, in my view, it should want to aid in this copyright infringement fight. It has a massive staff of lawyers to figure out how to close down these sites or at least get our books off them.

Come on Amazon---put some muscle behind your authors.

Dale. E. Manolakas
Donna St Felix

Posts: 6,355
Registered: 09/18/13
Re: Copyright Infringement and Amazon's Ability, if not duty, to stop it
Posted: Jan 22, 2018 5:42 AM   in response to: Dale Manolakas in response to: Dale Manolakas
 
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Amazon is an outlet (a store) chosen by whoever publishes there. It is not our bodyguard.
Do you think bookstores hover over things like you are proposing?
Diana Persaud

Posts: 2,779
Registered: 10/07/13
Re: Copyright Infringement and Amazon's Ability, if not duty, to stop it
Posted: Jan 22, 2018 5:59 AM   in response to: Dale Manolakas in response to: Dale Manolakas
 
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Quite frankly, copyright law prohibits the Zon from doing that. You're the publisher. It's your responsibility to protect your own rights.

If being a self published author is too much responsibility, then don't do it. Seek a trad publisher instead. Not that they have any better luck preventing thieves from posting copies on virus laden websites.

ETA: I love how people want/expect the Zon to spend their money to protect the author's business. The Zon is savvy enough to protect their own business--which is why they are so profitable. Most small businesses fail because their owners are lazy or ignorant or a combination of the two. Both can be fixed, but only if the owner decides to make a change.

Edited by: Diana Persaud on Jan 22, 2018 6:00 AM
Ralph E Vaughan

Posts: 3,597
Registered: 12/01/12
Re: Copyright Infringement and Amazon's Ability, if not duty, to stop it
Posted: Jan 22, 2018 6:35 AM   in response to: Dale Manolakas in response to: Dale Manolakas
 
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If you don't want to hear what others have to say and are not concerned about the legalities of it, why post? Why would anyone want to assign copyright to Amazon? Why would anyone want to surrender to Amazon the legal status they're trying to protect? Why would Amazon want to provide such a free legal service to writers? If you're trying to convince Amazon to represent you legally, why not request it of them; and if you have, what was the answer? What would be Amazon's motivation to freely contract out their legal department to us? You know as well as anyone that Amazon only cares about retail sites when it violates Select exclusivity, and, even then, the take-down notice is issued to the offending publisher, not the retail site. With all due respect, this has all been stated previously. What's changed?
Emily Veinglory

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Registered: 04/25/13
Re: Copyright Infringement and Amazon's Ability, if not duty, to stop it
Posted: Jan 22, 2018 9:01 AM   in response to: Dale Manolakas in response to: Dale Manolakas
 
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If Amazon automated it for you they would send you real name and address to every infringing party, not a wise cause of action. Yes you can assign rights, but the notice requires this information be for the copyright holder.
Notjohn

Posts: 24,144
Registered: 02/27/13
Re: Copyright Infringement and Amazon's Ability, if not duty, to stop it
Posted: Jan 22, 2018 3:55 PM   in response to: Dale Manolakas in response to: Dale Manolakas
 
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Amazon has the ability, and I believe the duty, to stop sites that steal our works.

It has neither the ability nor the obligation to do so. You are the publisher; it's up to you to enforce your rights if you think they have been infringed.

If the copyright infringement is on the Amazon store, then yes, there is a clear route to getting it shut down. I have done this twice.

(Don't trust KDP to publish a print edition. Don't trust CreateSpace to publish an ebook. Each does one thing well and the other thing poorly.)

Good luck! -- NJ

Notjohn's Guide to E-Book & Print Formatting (2018 edition)

The blog: https://notjohnkdp.blogspot.com
Dale Manolakas

Posts: 71
Registered: 03/30/13
Re: Copyright Infringement and Amazon's Ability, if not duty, to stop it
Posted: Jan 24, 2018 7:10 PM   in response to: Donna St Felix in response to: Donna St Felix
 
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Donna-
Amazon may be a mere conduit to you, but to authors who make their living through Amazon there is a responsibility on both sides. If Amazon does have the power to help us put then why not?
If you don't need help, that's wonderful. Other's of us do. Why criticize those of us who could use it to stop the theft of our books that are listed exclusively with Amazon. Stick with self-help if you want. Others of us could use some muscle behind us to stop the theft of our books.

Dale
Dale Manolakas

Posts: 71
Registered: 03/30/13
Re: Copyright Infringement and Amazon's Ability, if not duty, to stop it
Posted: Jan 24, 2018 7:13 PM   in response to: Diana Persaud in response to: Diana Persaud
 
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I can't even make sense out of your response. What is a ZON??? And there is no legal reason why Amazon can't be given the limited right to protect our copyright. That is what authors do with the big five publishers. Where did you get your information. It is wrong. Simple contract law.
Dale Manolakas

Posts: 71
Registered: 03/30/13
Re: Copyright Infringement and Amazon's Ability, if not duty, to stop it
Posted: Jan 24, 2018 7:16 PM   in response to: Donna St Felix in response to: Donna St Felix
 
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No book stores do not but the big five publishers do and there is no reason why Amazon can't put in a little muscle to help us out with their staff of attorneys. Your objection to asking for help from Amazon makes not sense to me. Then maybe you have not had the time-consuming problems of others I have talked to. Amazon can help us out it it wanted to. And I am merely asking it to.

Edited by: Dale Manolakas on Jan 24, 2018 7:33 PM
Dale Manolakas

Posts: 71
Registered: 03/30/13
Re: Copyright Infringement and Amazon's Ability, if not duty, to stop it
Posted: Jan 24, 2018 7:32 PM   in response to: Notjohn in response to: Notjohn
 
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Notjohn-

You are all over the Community. You actually are quite knowledgeable and most of your posts are great. I do compliment you. You are a great resource. Your book on ebook formatting is fantastic and I highly recommend it to everyone starting out.

However, here no one said Amazon HAD AN OBLIGATION to do so. I am merely suggesting it would help if Amazon used some of its considerable muscle to help us out. I don't know why these sites love to steal my books. I do get them down eventually, but perhaps Amazon with all its resources could help us out in some way. Just an inquiry.

I think if there was a way Amazon could help and would help you would support it. Why not? Help is helpful!!!!!

Edited by: Dale Manolakas on Jan 24, 2018 7:38 PM

Edited by: Dale Manolakas on Jan 24, 2018 7:40 PM
Dale Manolakas

Posts: 71
Registered: 03/30/13
Re: Copyright Infringement and Amazon's Ability, if not duty, to stop it
Posted: Jan 24, 2018 7:38 PM   in response to: Notjohn in response to: Notjohn
 
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How do you know it does not have the ability? And we could easily give them the limited power to help protect our copyright. Simple contract law. If they want to help us out with a little muscle why not? I think it would be great.
Ralph E Vaughan

Posts: 3,597
Registered: 12/01/12
Re: Copyright Infringement and Amazon's Ability, if not duty, to stop it
Posted: Jan 24, 2018 9:16 PM   in response to: Dale Manolakas in response to: Dale Manolakas
 
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Dale Manolakas wrote:
Donna-
Amazon may be a mere conduit to you, but to authors who make their living through Amazon there is a responsibility on both sides. If Amazon does have the power to help us put then why not?
If you don't need help, that's wonderful. Other's of us do. Why criticize those of us who could use it to stop the theft of our books that are listed exclusively with Amazon. Stick with self-help if you want. Others of us could use some muscle behind us to stop the theft of our books.

Dale

Use the Contact Us button at the bottom of the page to provide KDP a list of the websites selling your KDP Select e-books.

Diana Persaud

Posts: 2,779
Registered: 10/07/13
Re: Copyright Infringement and Amazon's Ability, if not duty, to stop it
Posted: Jan 25, 2018 5:56 AM   in response to: Dale Manolakas in response to: Dale Manolakas
 
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Dale Manolakas wrote:
I can't even make sense out of your response. What is a ZON??? And there is no legal reason why Amazon can't be given the limited right to protect our copyright. That is what authors do with the big five publishers. Where did you get your information. It is wrong. Simple contract law.

Then perhaps you should read it again. It's in simple English. The Zon is a nickname for Ama*zon because sometimes using their name in post sends it to moderation.

The point is, YOU want something for FREE. The Zon PAYS for their lawyers. Why should they spend THEIR money on YOU? It wouldn't benefit them, only YOU.

From your post, you are suggesting you know about contract law. Then you should also know that most (intelligent) parties aren't going to enter into a one sided agreement. Each side gives something to get something else in return. You want the Zon to spend their money to protect your rights. What do they get in return?

From what I gather, you wish to assign limited rights to the Zon but what benefit does that give them? It's all or nothing in the world of publishing. Either you keep your rights or assign them. There is no halfway.

Salamander Mall...

Posts: 1,014
Registered: 10/16/17
Re: Copyright Infringement and Amazon's Ability, if not duty, to stop it
Posted: Jan 25, 2018 6:04 AM   in response to: Diana Persaud in response to: Diana Persaud
 
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Diana Persaud wrote:
Dale Manolakas wrote:
I can't even make sense out of your response. What is a ZON??? And there is no legal reason why Amazon can't be given the limited right to protect our copyright. That is what authors do with the big five publishers. Where did you get your information. It is wrong. Simple contract law.

Then perhaps you should read it again. It's in simple English. The Zon is a nickname for Ama*zon because sometimes using their name in post sends it to moderation.

The point is, YOU want something for FREE. The Zon PAYS for their lawyers. Why should they spend THEIR money on YOU? It wouldn't benefit them, only YOU.

From your post, you are suggesting you know about contract law. Then you should also know that most (intelligent) parties aren't going to enter into a one sided agreement. Each side gives something to get something else in return. You want the Zon to spend their money to protect your rights. What do they get in return?

From what I gather, you wish to assign limited rights to the Zon but what benefit does that give them? It's all or nothing in the world of publishing. Either you keep your rights or assign them. There is no halfway.


Dale E. Manolakas earned her B.A. from the University of California at Los Angeles, and M.A., M.S., Ph.D. and J.D. degrees from the University of Southern California. She is a member of the California Bar, had the privilege of clerking for The Honorable Arthur L. Alarcón at the United States Court of Appeals for the Ninth Circuit, was a litigator in two major Los Angeles law firms, and a senior appellate attorney at the California Court of Appeals, as well as an Administrative Law Judge. Member SAG-AFTRA and Actors' Equity Association.

Given all that, this silly thread just leaves me flabbergasted.
Salamander Mall...

Posts: 1,014
Registered: 10/16/17
Re: Copyright Infringement and Amazon's Ability, if not duty, to stop it
Posted: Jan 25, 2018 6:23 AM   in response to: Ralph E Vaughan in response to: Ralph E Vaughan
 
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Ralph E Vaughan wrote:
Dale Manolakas wrote:
Donna-
Amazon may be a mere conduit to you, but to authors who make their living through Amazon there is a responsibility on both sides. If Amazon does have the power to help us put then why not?
If you don't need help, that's wonderful. Other's of us do. Why criticize those of us who could use it to stop the theft of our books that are listed exclusively with Amazon. Stick with self-help if you want. Others of us could use some muscle behind us to stop the theft of our books.

Dale

Use the Contact Us button at the bottom of the page to provide KDP a list of the websites selling your KDP Select e-books.


I suspect there may be a streak of puckish evil in you, Mr V. Should she follow your suggestion, I think she might end up hoisted on her own petard. Many others reporting copyright violations to Amazon have wailed long and loudly in the forum about how Amazon then gave them five days to get the stuff taken down or get ousted from KDP. I always find their frenzied and hysterical posts amusing, their assumption that Amazon is a benevolent protector of their rights and welfare, that Amazon is their friend, so cute and naive. Seems Amazon's highly paid legal staff is concerned only with protecting Amazon. Amazing, innit? I would have thought lawyers would be much more compassionate and altruistic.
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