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Amazon blocked one of me kindle book

7871 Views 43 Replies 21 Participants Last post by  geronl
Am I the only one?

They say there is a copyright issue with my book title and they blocked it. They gave me the website of the third party who filed the claim and they do NOT own this trademark at all.

Anybody here had to call them or send them an email to fix this?
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I thought titles weren't protected by copyright.
alexandervalmont said:
Am I the only one?

They say there is a copyright issue with my book title and they blocked it. They gave me the website of the third party who filed the claim and they do NOT own this trademark at all.

Anybody here had to call them or send them an email to fix this?
Copyright and trademark are two separate things. Is the party claiming a trademark issue with the title or a copyright issue with the text of the book?

Betsy
What is the title?
Hi,
Titles can't be copyrighted. There are many books on Amazon Kindle sharing the same title. Trade Marks? I'm not so sure. But in Australia at least it would be an involved and expensive process,

Cheers,
Kevin Armstrong
Hi Alexander, it looks like you write a lot of non-fiction and how-to books. Are you hiring freelancers to write your guides? It's possible one of them copied an article from another site (and maybe reworked it slightly so it wasn't immediately obvious it was a plagiarism), in which case Amazon is forced to remove it if there's a copyright claim.

Titles usually aren't copyrighted. One main exception is "Choose Your Own Adventure", which is a trademark (I think?). In most cases, copyright claims are about the content of the books.

If you give us more details (the name of the book, the subject matter, whether it was ghostwritten), we can help further.
Trademark is more complicated and is issued for the category in which the trademark is sought. So, there can be the same name/phrase trademarked, but in different categories. That is, if it passes the dispute phase.

Like I said, it gets complicated.

Trademark is different from copyright. If Alexander's book is titled ... I don't know ... How Mickey Mouse Encourages Juvenile Delinquency, and he hasn't licensed the use of the term "Mickey Mouse," Disney could well sweep in to defend its trademark.

So, is this a trademark problem or a copyright problem?
I suspect Alexander used the word "title" as meaning his entire book, not just the title. That, combined with throwing in the word
"trademark" where it evidently doesn't apply, has confused us all. (I hope he writes his books with more verbal precision.)

About a month or so ago, a writer here on Kindle had her book suspended because somebody in India claimed she violated his
copyright. He even faked a blog post to make it appear that he had written her book before she published it. It appears he planned
to scam her by asking for money to withdraw his DMCA notice.

You haven't given us any details, so I'm guessing too. Is somebody apparently trying to pull the same scam on you?

Maybe somebody can post a link to that thread. We had to send emails direct to [email protected], but finally her book got reinstated. But she had taken the trouble to register a copyright for her book.

If you outsourced your book, it may be the contract writer scammed you by plagarizing the original material. In which case your book
should remain blocked, but I hope you report the writer to all the outsourcing sites.

If that doesn't cover your situation, you need to be more precise and fully explain your situation.
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I think we need to find out more about the actual problem.  Hopefully Alexander will post here again soon!

Betsy
Richard Stooker said:
Maybe somebody can post a link to that thread.
Yeah, that was me: http://www.kboards.com/index.php/topic,210050.0.html I can't tell whether this is the same kind of thing or not.
Becca Mills said:
Yeah, that was me: http://www.kboards.com/index.php/topic,210050.0.html I can't tell whether this is the same kind of thing or not.
That's vile! What a dastardly scam to try and pull! :(
carinasanfey said:
I know this is completely off topic, but the word 'dastardly' just doesn't get used enough these days. I commend you, sir, for helping to keep that dastardly word alive.
I agree! I think we should have a "word of the day" challenge on KBoards. The challenge? Use the designated word in as many posts as possible. Dastardly could be today's word! (There! I used it!)

Betsy
carinasanfey said:
What a dastardly idea, Betsy; this is only going to fuel my dastardly kboards addiction!
Although it would be dastardly to derail this thread...
::)

Betsy
carinasanfey said:
What a dastardly idea, Betsy; this is only going to fuel my dastardly kboards addiction!
Ahem... Your first use of the word is used incorrectly, unless you actually feel that Betsy's idea is abominable. The second usage is spiffy. :p
Becca Mills said:
Yeah, that was me: http://www.kboards.com/index.php/topic,210050.0.html I can't tell whether this is the same kind of thing or not.
The same thing happen to Cassandra Zara right after you with her best selling stepbrother series. She got around it by changing all the things the person who filed the notice claimed she stole and got the book back up. I imagine it cost her a pretty penny having it taken down for even a week. It was the first in the series, so it pretty much held the rest of the series hostage. Whose going to buy a book missing part one? I thought she was really smart the way she handled it. She also mentioned you when she talked about it on her facebook, so you got some free publicity.
G
Yes, you are all kinds of violating trademark and copyright there.

What you are effectively publishing is fan fiction, which is not allowed. You are basically taking the intellectual property of the copyright holder and producing derivative fan fiction from it. That is a very BIG breach of copyright.

alexandervalmont said:
Here is their website : http://wimpysteve.com/disclaimer/

They do not even own the name minecraft, and the term wimpy steve is not even in my titles.
Huh?
"Minecraft(R) is a registered trademark of, and owned by, Mojang AB, and its respective owners, which do not sponsor, authorize, or endorse this website."

I'd email that address they've given you to see what they find objectionable. Could be that Amazon got something confused regarding "Minecraft" vs "Wimpy Steve"
Clearly, by stuffing your title with keywords, you're banking on the Minecraft brand.

Edited to fix symbols that KB forum software won't post. --Betsy
alexandervalmont said:
I just want to make something clear, the thirs party is NOT MOJAN, it is not MINECRAFT, it is just some random people on amazon who sell minecraft diary. How is it possible that THEY are allowed to stop people from selling this?? They do NOT own the copyright as stated on their website.
Well, that is a puzzle. And rather crafty. Dastardly even.
G
alexandervalmont said:
I just want to make something clear, the thirs party is NOT MOJAN, it is not MINECRAFT, it is just some random people on amazon who sell minecraft diary. How is it possible that THEY are allowed to stop people from selling this?? They do NOT own the copyright as stated on their website.
But they MAY be paying a license to use the name. If they are, you are in the wrong. If they aren't you are BOTH in the wrong. The poor behavior of one person doesn't absolve the poor behavior of another. You are clearly trading on the IP of the Minecraft owners. If the other party doesn't have a license, they are also in violation of the law.
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