Roxboro, NC asked in Copyright and Civil Litigation for North Carolina

Q: How to file a copyright case against Amazon in federal court?

I initiated a copyright infringement case against Amazon through the Copyright Claims Board (CCB), but Amazon opted out of the proceedings. The CCB indicated I could refile if Amazon agreed, but I prefer to take the case to federal court. How should I proceed with filing in federal court?

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James L. Arrasmith
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A: To file a copyright case against Amazon in federal court, you must first ensure your work is registered with the U.S. Copyright Office, as this registration is required before initiating federal litigation. The case must be filed in the appropriate federal district court, which could be where Amazon is headquartered (Western District of Washington), where you reside, or where a substantial part of the infringement occurred.

Filing requires preparing a complaint that details your copyright ownership, the specific infringements by Amazon, and the damages you're seeking. You'll need to pay a filing fee (approximately $400) and arrange for proper service of the complaint to Amazon's registered agent. Given the complexity of copyright litigation and Amazon's substantial legal resources, consulting with an attorney experienced in intellectual property law would be extremely beneficial for your case.

Remember that federal litigation involves strict procedural rules, potentially significant costs, and can take years to resolve. You might consider exploring alternative dispute resolution methods before proceeding, though given Amazon's opt-out from the CCB, your options may be limited. If you decide to move forward, gathering comprehensive evidence of your copyright ownership and the specific infringements will strengthen your position as you navigate this challenging but sometimes necessary process to protect your creative work.

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