Copyright complaint defense

Received an Amazon Copyright Complaint? Flat-Fee DMCA Counter-Notice Review

Product photos, A+ content, packaging art, and videos are the most common targets of marketplace copyright complaints. A counter-notice can restore a listing — but it is a sworn legal statement that submits you to a U.S. court. We decide with you whether it is the right move before anything is filed.

ZYL Law Firm reviews Amazon and other marketplace copyright (DMCA) complaints for cross-border sellers for a flat $450 counter-notice fee, after a $250 written triage delivered within two business days. A counter-notice under 17 U.S.C. § 512(g) is appropriate only for copyright claims and only where the material was removed by mistake or misidentification. It is signed under penalty of perjury, and a seller outside the United States consents to the jurisdiction of a U.S. federal district court. If the complainant does not file suit, the law provides for restoration within 10 to 14 business days.

Reviewed by Yaling Zhou, Attorney (CT, NY) · Rules reviewed:

Is a counter-notice the right path?

Usually appropriateYou or your contractor created the photo, design, or text and you can document ownership or a license; the complainant's work is not actually theirs; or the notice targets material that was never copied.
Usually not appropriateThe complaint is really about a trademark or patent; the images were taken from another seller or website; or you cannot confirm your photographer or designer transferred the rights to you.
Needs analysis firstYour images were contributed to a shared Amazon detail page; the work may not be protectable; or you rely on fair use or a license from a supplier.

What the statute requires in a counter-notice

17 U.S.C. § 512(g)(3) lists the elements. A counter-notice missing any of them may not trigger restoration.

  • SignatureA physical or electronic signature of the seller.
  • IdentificationThe material that was removed and where it appeared before removal (ASIN, listing URL, image).
  • Good-faith statementA statement under penalty of perjury that you believe the material was removed as a result of mistake or misidentification.
  • Jurisdiction consentYour name, address, and phone number, and consent to the jurisdiction of a federal district court — for a seller outside the United States, any judicial district where the service provider may be found.
  • Service of processA statement that you will accept service of process from the person who submitted the original notice.

Risks to weigh before you file

  • You can be sued in the United States.The jurisdiction consent is the price of restoration. If the complaint has merit, the complainant can file a copyright action and serve you directly.
  • The statement is sworn.A knowingly false counter-notice can create liability under § 512(f), the same provision that applies to a knowingly false takedown notice.
  • Restoration is not automatic for the whole account.The 10–14 business day window concerns the removed material. A separate platform policy issue can still keep a listing or account restricted.
  • Copyright registration matters to the other side.A U.S. work generally must be registered before suit, and timely registration affects statutory damages and fees. Check the complainant's registration status.

Alternatives that are often better

Retraction requestWhere the complainant is mistaken or there is a license, a counsel-to-counsel letter asking for withdrawal avoids the jurisdiction consent. Flat $600.
Replace the materialIf the images cannot be defended, replacing them and documenting the change can be the fastest path back to selling.
License or settlementWhere the claim is valid, a short license or settlement can be cheaper than litigation and preserves the listing.
Shared detail page imagesAmazon's policies address images contributed to a detail page that other sellers then share; a complaint about use on the same page may rest on a mistaken premise.

How we handle a copyright complaint

  1. TriageNotice, listing, original files, photographer or designer agreements, and the complainant's claimed work reviewed. Written answer in 2 business days.
  2. Choose the pathCounter-notice, retraction request, replacement, or settlement — with the jurisdiction and litigation risk spelled out in writing.
  3. Prepare and fileWe draft the counter-notice or letter and tell you exactly where and how to submit it.
  4. Track the windowWe calendar the 10–14 business day window and follow up with the platform and the complainant.

Fees

ServiceProfessional feeIncludesNot included
Infringement notice triage
Copyright, trademark, or patent complaint on any marketplace
$250One notice (up to 3 ASINs or listings); rights and ownership check; written memo with next steps within 2 business days. Credited in full if you engage us within 14 days.Formal response documents
DMCA counter-notice review & preparation$450Ownership and defense review; explanation of the U.S. federal court jurisdiction consent; counter-notice drafting and submission guidance.Defense if the complainant sues
Retraction request / counsel-to-counsel letter$600Letter to the complainant or its counsel, retraction request, and one round of follow-up.Settlement agreement drafting
Brand asset copyright check$200; registration $250Authorship and assignment chain for product photos, packaging, A+ content, and video.Copyright Office fees

Sending your own takedown notices instead? See DMCA takedown notices for rights owners.

Frequently asked questions

How long does Amazon take to restore a listing after a counter-notice?

Under 17 U.S.C. § 512(g), a service provider restores the material no sooner than 10 and no later than 14 business days after receiving a valid counter-notice, unless the complainant first notifies it that a court action has been filed. Separate policy issues can still affect the listing.

Can I use a counter-notice for a trademark or patent complaint?

No. The DMCA counter-notice applies only to copyright claims. Trademark and patent complaints have different response paths.

I am a seller in China. What does the jurisdiction consent mean?

A seller outside the United States consents to the jurisdiction of any U.S. federal judicial district where the service provider may be found, and agrees to accept service of process from the complainant. You can be sued in the United States over the material.

Another seller on my ASIN is using my photos. Is that infringement?

Not necessarily. Amazon's policies address images contributed to a shared detail page. Copying your photos onto a different listing or website is a different analysis.

My photographer took the product photos. Do I own the copyright?

Not automatically. Unless there is a written assignment or a qualifying work-made-for-hire arrangement, the photographer may own the copyright and you may hold only a license.

What does the $450 fee include?

Review of ownership and defenses, a written explanation of the jurisdiction and litigation risk, drafting of the counter-notice, and submission guidance. It does not include defense if the complainant sues.

Primary sources

Platform rules, deposits, and fees change; confirm against your notice and the current platform rules before acting.

Attorney Advertising. This page is general information, not legal advice, and does not create an attorney–client relationship. Listed amounts are professional fees only and exclude government fees, APEX deposits, court costs, and other third-party charges; the written quote controls. No lawyer can guarantee how a platform, evaluator, or court will decide, and prior results do not guarantee a similar outcome. Engagement is subject to a conflict check. Federal court matters are handled by counsel admitted to the relevant court, with local counsel where required.

Send the copyright complaint you received

Forward the Amazon notice (or a screenshot), the affected ASINs, and any original image files or photographer agreements to ip@zyllaw.com. We confirm the conflict check and the $250 triage engagement before any work begins.

Start intake Email ip@zyllaw.com