Weather you run a store on eBay or Amazon, operate your own ecommerce website, or otherwise sell goods online, you may face liability for the sale of goods that infringe the copyright of another. Well the digital millennium copyright act common namely section five twelve, provides protections to those internet service providers who are notified of infringement materials in comply with the statue, retailers may still face copyright infringement liability. If in fact they are selling their own products that are alleged to infringe another’s copyright, they may face directive copyright infringement liability. Moreover, if you are merely reselling third party products that are alleged to infringe the copyright of another, you may still face direct or secondary copyright liability.
It is also worth noting that online retailers that resell third party goods via a website like Amazon agree to indemnifications provisions. Those provisions may require that, in the event of a copyright infringement lawsuit, the online retailer who was reselling the products agrees to defend, pay costs and attorneys fees, and hold harmless Amazon.This situation may apply to other online merchants.
Therefore, understanding what your risk is for copyright infringement liability as a retailer, regardless of if you are a reseller, it is critically important to your business. You’d be well served to speak with a copyright attorney who can advise you regarding ways to mitigate your risk of being held liable for copyright infringement.