Michelle Shocked Copyright Infringement Allegation
According to Amazon’s Seller Performance Team I have been accused of ‘Copyright Infringement’ by ‘Michelle Shocked account@michellshocked.com’ and Amazon has frozen the sale of the following CD on my very small scale seller account from which I only sell CD’s from my own collection. Despite many e-mails to Amazon I cannot get an answer as to the nature of the allegation against me. I am simply wanting to sell an album ‘Blue Haze The Songs of Jimi Hendrix’ (that I purchased as a ‘used’ CD via Amazon in the first place) that is surplus to my requirements ! Michelle Shocked sings on one track on this compilation.I have sent Amazon my proof of purchase from their own website and I believe that both under American and UK law as the legitimate owner of this CD I have the right to resell it as a ‘used’ item under the ‘first sale doctrine’ in the U.S. and ‘the exhaustion principle’ in the U.K. and Europe. I have fully documented my belief to Amazon. Amazon are demanding that I provide ‘A letter of authorisation (LOA) or licensing agreement (LA) from the rights owner indicating that you are authorised to use their intellectual property’. If I am wrong why will Amazon not tell me under which law I am allegedly committing a Copyright Infringement and I will gladly apologise and no longer try to resell the item. However if that is the case why is this C.D. any different to the thousands and thousands of C.D.'s that Amazon allow to be sold on their website and for which they must make a considerable amount in sellers fees? Secondly why did they allow the sale of this CD to me in the first place? I cannot get a straight answer from Amazon can anyone offer any advice please?
Michelle Shocked Copyright Infringement Allegation
According to Amazon’s Seller Performance Team I have been accused of ‘Copyright Infringement’ by ‘Michelle Shocked account@michellshocked.com’ and Amazon has frozen the sale of the following CD on my very small scale seller account from which I only sell CD’s from my own collection. Despite many e-mails to Amazon I cannot get an answer as to the nature of the allegation against me. I am simply wanting to sell an album ‘Blue Haze The Songs of Jimi Hendrix’ (that I purchased as a ‘used’ CD via Amazon in the first place) that is surplus to my requirements ! Michelle Shocked sings on one track on this compilation.I have sent Amazon my proof of purchase from their own website and I believe that both under American and UK law as the legitimate owner of this CD I have the right to resell it as a ‘used’ item under the ‘first sale doctrine’ in the U.S. and ‘the exhaustion principle’ in the U.K. and Europe. I have fully documented my belief to Amazon. Amazon are demanding that I provide ‘A letter of authorisation (LOA) or licensing agreement (LA) from the rights owner indicating that you are authorised to use their intellectual property’. If I am wrong why will Amazon not tell me under which law I am allegedly committing a Copyright Infringement and I will gladly apologise and no longer try to resell the item. However if that is the case why is this C.D. any different to the thousands and thousands of C.D.'s that Amazon allow to be sold on their website and for which they must make a considerable amount in sellers fees? Secondly why did they allow the sale of this CD to me in the first place? I cannot get a straight answer from Amazon can anyone offer any advice please?
34 replies
Seller_BS5lg2keRs2QO
Do a forum search on her name and you’ll find it is a common problem.
Seller_2BrPSydGy6oyq
You are not infringing copyright, which as you rightly point out expires after the first sale of the new release, so they have already received royalties from the label, if that’s disputed, then an issue between the label and the artist, but as with most IP rights issues, only on Amazon would they dismiss the legal position and support the infringement claim, this on the basis they don’t get involved in rights issues, which you have to resolve directly with the rights owner, who has no case to take legal action against you directly, so abusing the Amazon report infringement route.
I would make a complaint to the MD’s office.
Seller_LKjg1QRrO36Yq
It seems she did this to get total control of her own back catalogue.
The ironic thing is that none of her CDs are now available on Amazon, so she’s absent from the biggest marketplace on the planet!
Seller_B3pYlmAHJFefl
I think there was something similar with shaking stevens?
Seller_87mKFKKA3Vwkx
I got the same notification about selling her CDs - a blanket ban on her catalogue in its entirety even though I’ve only ever listed one or two of her efforts in the past ten years. I got the same ‘cease and desist’ notification from some small jazz re-issue lable too, (can’t remember their name). I’m no expert on copyright law but I’m sure if it ever came to a court case they wouldn’t have a leg to stand on. Frankly, it’s not worth the effort fighting these tin-pot despots. I just listed the CDs on eBay and they all sold eventually
Seller_HJ85vPHybt1Mq
I had the same type of problem trying to prove that a book I had written, was publishing myself and having printed myself was actually mine. I had managed to place it on the site for sale but just wanted to alter the entry and it was incorrect. It took a complaint and hours or emails - as one cannot actually speak to anyone with a basic Seller’s Account. One email told me that I had to prove who I was, provide documents all over again!! Obviously things not so good in the Kingdom of Amazon. I still cannot add more detail about my very own book in order to make it enticing. So good luck with solving your problem. Write another email asking the person who replies to “Take overnership of the problem.” I believe this might help.
Seller_iT7zAqkV2PQG7
You do…but not on Amazon.
This is a privately owned selling platform with it’s own unique rules which you agreed to when you asked to sell here. From that moment onwards, you have no rights and you may make no demands.
Seller_nFkECTYt98sLy
I had the same problem last year with a vinyl of Michelle shocked
Just best to remove it from sell and move forward
I sold mine on eBay with no problems at all afterwards
Seller_NysYCylpmztu2
I was threatened ith being thrown off of Amazon for the exact same reason. There is no arguing with Amazon -they are beyond illogical and unreasonable.
My advice would be to remove the listings and shut up and not draw attention to yourself. It worked for me until i listed a Cajun compilation recently -well how i was to know that the Shocked women was on that ? So now i have to examine every compilation ? Same threats- so I removed the listing and have heard no more
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Sell Michelle Shocked at a car boot sale or on some other web site if you are lucky enough to be able to get rid of her ( -she’s not exactly a popular artist ) but forget it on Amazon and breathe a sigh of relief that as yet you haven’t been thrown off the site
