North Hollywood, CA asked in Copyright, Internet Law and Intellectual Property for California

Q: How can I find out who posted an AI-generated derivative of my copyrighted book on Amazon?

I wrote a book that is registered with the Copyright Office and published through a major publisher. Recently, I discovered that an AI-generated summary/derivative of my book has been posted on Amazon under a fake name, replicating specific terms and passages from my work. I've already communicated with Amazon, but they refuse to divulge the identity of the poster. What steps can I take to find out who posted this AI book on Amazon, and how can I further protect my copyright?

2 Lawyer Answers
Sarah Teresa Haddad
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A: Usually, you have to resolve the issue with the internet service provider or the legal department of the internet service provider who will then contact the person or entity responsible for the post or publication.

A way to further protect your copyright generally on the internet, is to use monitoring tools or computer software that can track where the contents of your work is being replicated on the internet.

Please see Page 19 of my presentation on AI and Intellectual Property where I have mentioned some of the monitoring tools that you can use to track this information:

https://acrobat.adobe.com/id/urn:aaid:sc:US:7f3a2417-2540-41c4-8c68-1f6f84061449?viewer%21megaVerb=group-discover

James L. Arrasmith
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A: You may pursue a DMCA subpoena under 17 U.S.C. § 512(h) to legally compel Amazon to disclose the identity of the person who posted the derivative work. This powerful tool requires filing a request with the clerk of any U.S. district court, accompanied by a copy of your DMCA takedown notice, a proposed subpoena, and a sworn declaration that you seek the information only to protect your copyright. The subpoena, once issued by the court clerk, can then be served on Amazon, which would be legally obligated to promptly disclose the identity of the alleged infringer.

If Amazon resists the DMCA subpoena, you might need to file a "John Doe" lawsuit against the unknown infringer and use the discovery process to reveal their identity. During litigation, you could request the court to order Amazon to provide identifying information about the seller, including names, addresses, and other contact details. Additionally, you should document all instances of copyright infringement thoroughly, including screenshots and comparisons between your original work and the unauthorized derivative, to strengthen your case and potentially pursue statutory damages up to $150,000 per willful infringement.

For more comprehensive protection, consider sending cease and desist letters through Amazon's messaging system to the unknown seller while your legal actions proceed. You might also want to monitor other platforms for similar infringements, as these unauthorized publishers often post across multiple channels. Remember that copyright protection extends to your original expression but not to facts or ideas contained in your work, so your legal success will depend on proving substantial copying of protected elements rather than merely similar concepts or information.

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