I’ve written and deleted the opening sentence to this post three times now.
I’m not really sure how to proceed at this point. If you missed the beginning of this story, it starts here and is continued here. The short version, if you prefer, is this: someone sent Amazon a takedown notice for A Summer Fling. Amazon demanded proof that I was the copyright holder. I sent them everything they asked for and more. I sent the original file of the story with the date stamp. I sent the link to the story on Goodreads (if you’re a member of the GR M/M Romance Group, you too can read the original version there) and the free anthology created from the Don’t Read in the Closet fest.
I sent them the Smashwords URL showing the date I first uploaded A Summer Fling in its current form. I sent the registration number for the pending copyright registration I’d filed. Yes, filed belatedly. More on that later.
I expected this to be resolved. After all, I am the legal copyright holder. This is a self-published free story of little value. Why was this even up for debate?
Imagine my surprise when I got an email from Amazon saying that due to the third party dispute that had not been resolved, they would not be re-publishing my story. Surprise is putting it mildly. I was shocked and upset. I got on the phone with Author Central and KDP. I sought advice from authors who’d been in similar situations (though none quite like mine). I tried to get more answers from Amazon, but was stymied at every turn. The young man with KDP was very nice but he could not determine why the story was being blocked, despite my having provided so much information. He advised me to send a detailed email, outlining everything I shared with him and he would do the same from his end.
Later that evening, I got an email from KDP stating flatly that they would not release the third party’s name or what the basis of their complaint was. I was also advised to hire a copyright lawyer if I wanted to pursue the matter further.
My initial reaction to this situation was to suspect that the now-defunct All Romance Ebooks was behind this somehow. I’m still not convinced that they’re not. Their abrupt announcement of closure, along with offering authors only 10 cents on the dollar of owed 4th quarter royalties, as well as preventing authors from removing files from the ARe platform is suspect, to say the least.
But I have also discovered that copyright claim-jumping of self-published authors is apparently a thing, and that Amazon puts the burden of proof on the author, not the accuser. Self-published authors may be at greater risk.
It may be the case that it is a coincidence I happened to get targeted by a scammer the same day ARe acrimoniously closed their doors. But unless I hire a lawyer I will never know. The various articles I’ve linked discuss what you can do to protect yourself from these kinds of attacks, and the most common bit of advice is to register your copyright claims, even though technically the copyright is yours once you put your words to paper unless you sign them away. I haven’t signed mine away, and yet Amazon isn’t accepting my documentation. And frankly, if this IS an attempt by ARe to lay claim to titles that were simply hosted on their former website, then registering your copyright may have little effect on Amazon’s resolution to reinstate your book.
Kind of like how it happened here with me.
I will be registering all my stories from now on, however, as well as retroactively registering my existing ones. It’s an extra layer of insurance that may well protect you in the future from your run-of-the-mill scammer. The link for the US copyright office is here.
This morning I received a very nice email from Amazon stating that after a careful review of my documentation, they have decided to uphold their decision to block the sale of A Summer Fling, but that they look forward to publishing my future stories.
That’s very telling. They are no longer disputing the fact I wrote the story. They are saying someone is claiming I don’t have a right to distribute the story. A story that’s been freely available online for years. You can see why the list of suspects in this case is extremely short.
As for A Summer Fling, I have a couple of choices. I can file a counter-claim. I’m looking into that, but one of my concerns is making personal information available to this unknown third party. Another option is to contact Jeff Bezos directly and lay out my story. He probably gets thousands of emails a day, so I doubt it will get though, but it’s worth a shot. I emailed him this morning, forwarding all the information I’d given to KDP regarding my story. I stated in my email I wasn’t asking him to reverse Amazon’s decision not to publish my story, but I was requesting the name of the third party and the basis of their claims against me. We’ll see what happens.
Late last night, in a last-second cliffhanger twist, I was tagged on Facebook by someone involved with publishing the old DRiTC anthologies. She apologized profusely to me and said it was a possibility her statement to Amazon that no one else was allowed to publish the anthologies except her might have triggered this situation. She’s promised to speak to Amazon on my behalf, and for that, I am deeply grateful. However she did not realize I’d changed the title of my story. Unless she sent in a takedown notice for my story by name, then her blanket statement isn’t behind the complaint. That’s why I need to know who IS behind the complaint before I take further action.
Beyond that, I’m looking into my legal options. But honestly, I can’t afford to spend a lot of money on a free story. Perhaps that’s why it was targeted in the first place. In the meantime, it’s available on Smashwords for free, and it is my intention to send it out to other sites as well. Grab it while you can in its various forms, all linked in this post. Consider leaving me a review on Goodreads or Smashwords, as Amazon is no longer an option. It would be greatly appreciated.
Mostly, be aware. Amazon places the burden of proof on the accused and apparently *anyone* can waltz in and file a complaint. How can I address the complaint when I don’t know who made it or what the basis of their claim might be? Only by hiring a lawyer, and I’d be willing to bet most of us aren’t in a position to do that. My accuser could be someone with an axe to grind, a random scammer, or a former retailer looking to take advantage of the fact they are still holding my files. Amazon has blindfolded me and left me in the ring to duke it out against an unseen opponent who merely has to walk away to win this round.
If it is a certain retailer, then I am not the only person with stories at risk. I also have grounds for going to the people forming a class action lawsuit with additional information. But I can’t move forward without knowing the name of the third party.
If you know of anyone, or if you yourself have recently experienced something similar at the hands of Amazon, I would appreciate you letting me know. If this is not an isolated incident, it gives even more credence to my suspicions as to who the guilty party might be.