KDP Copyright Infringement - How to Protect Your KDP Publishing Account from Trademark Claims
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- เผยแพร่เมื่อ 22 พ.ค. 2020
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Protecting your KDP publishing account is vital if you want to protect your income online and continue to make money and collect royalties. In this video I give you some basic rules to follow to avoid copyright infringement and to protect yourself from Trademark claims and ultimately protect your livelihood and KDP account.
Tools and Resources I use:
Gumroad Shop for Keywords and Interiors: paulmarles.gumroad.com
Creative Fabrica: bit.ly/3XLaKoc
Canva: bit.ly/paulcanva
Publisher Rocket: bit.ly/2ThC390
Helium 10 (50% off and 10% off Deals): bit.ly/334S3A3
Book Bolt (Use paul20 to get 20% OFF): bit.ly/3jY7K2L
Vecteezy: bit.ly/3z6AApA
Tubebuddy: www.Tubebuddy.com/paultube
Trademark Websites:
UK: www.gov.uk/topic/intellectual...
US: www.uspto.gov/
DISCLAIMER: This video and description contains affiliate links, which means that if you click on one of the product links, I’ll receive a small commission. This helps support the channel and allows us to continue to make videos. Thank you for the support!
EARNINGS DISCLAIMER: This video is for educational purposes only. There is no guarantee that you will earn money using the techniques and ideas in this video. This is not financial advice or investment advice. While it is possible to minimize risk, your investments are solely your responsibility. It is imperative that you conduct your own research. I am merely sharing my opinion with no guarantee of gains or losses on investments. Your level of success in attaining the results claimed in this video will require commitment, hard-work, experience and knowledge. We have taken reasonable steps to ensure that the information in this video is accurate but we cannot represent that the website(s) mentioned in this video are free from errors. You expressly agree not to rely upon any information contained in this video.
About this video - This video explores KDP copyright infringement and simple rules on how to avoid it..
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You really are a man with a plan. Also I'm impressed by your speaking abilities. No ähms or anything of that sort. It's a joy to listen to you. Looking forward to "KDP ASMR by Paul Marles"
Haha, thank you 👍
Thanks again Paul. Such an important aspect to consider.
You're welcome.
Thanks for all the info! This is such an important topic! I’m new to this, researching everything before I get started. There are many countries with copyright laws. How do you check to make sure your ideas aren’t infringing any trademark globally?
There is a limit to the marketplaces it will appear. So you would need to check the relevant websites in each jurisdiction.
Thank you Paul . I appreciate it!
You’re welcome.
Thank you. I appreciate it!
You’re welcome 😊
Hi Paul thanks for the information. I am a bit confused. Are the images from Canva and Creative Fabrica ok to use on KDP?
Gracias por la I formación, si hago un libro de handwriting con frases célebres y pongo el nombre del autor no tendria problemas con derechos de autor??
Excellent Video Paul!
I have seen people registering very common phrases like “Bullet Journal”, “The Golfer’s Logbook”, “The Mindfulness Journal”, and the list goes on. Now the real concern is, someone goes and gets register some words or phrases like “LOGBOOK” and you know we all have at least a few logbooks already published. And that logbook guy goes to amazon and sees many people using the LOGBOOK in their title or subtitle and he decides to give a strike to already published books.
What is your take on that?
Do you mean registering trademarks or domain names. I know bullet journal is a registered trademark and was registered by the business who wrote the book. Trademark trolling is an issue. If someone registers The Mindfulness Journal then they could’nt strike you for using mindfulness journal. I don’t think you could trademark logbook. It would take get through. I guess someone could register The Logbook or, for example, The Mileage Logbook but would’nt affect the use of logbook or mileage logbook. It’s a potential problem I guess, but there is very little you can do. Personally, it’s out of my control so I don’t give it any thought. But what I do to protect myself is diversify my income by creating other books and other income streams. Great channel by the way. 👍
@@paulmarles Thank You👍
Thanks a lot. Can I use a copyrighted word/ phrase in the 7 keyword box?
I would advise against it.
Thank you very much my friend for this valuable information.
I have two questions that you kindly answer me.I am new in the field, with which niches advise me to start? Are there new laws for kdp?
I would start on simple lined notebooks and log books. No, there are no new laws.
It's not that simple. Even if the product is free, it is still not permitted to use copyrighted material in it. On the other hand, nothing can prevent your character from drinking Sprite or driving a BMW.
Helpful thanks
You’re welcome. 👍
You are doing an amazing job. My first stop for any kdp learning. Can i ask, would it be permissible to make a coloring book of all my own drawings of a certain band? Or someone like David Bowie?
Thank you for your Videos. I am trying to publish some books on kdp but i cant understand well how i can do the copyright thing ...
Thank you for all this precious information! After checking in Google, I have discovered that the name I have chosen as an independent publisher on KDP (not as an author or book content) is the title of a song. I own the domain name as well. Is it copyright infringement too? No TM existing. I'm referring to the first name Amazon asked as I registered on KDP. Thank you!
Thanks for your video. My question is: if I have used a trademark name to publish any of my books in the past and I got to know this now, if I unpublish the books on Amazon, will that help me stay out of trouble?
It will help.
Hello,
do we need to check if a word or quote inside of the notebook, coloring book is a trademark? Or we can check only trademarks on the cover?
Yes, you do.
Dear Paul: Can I create and sell book of quotations using famous quotes also I giving full citations and writer information?
We need more video from affinity designer please
I'm doing notebooks at the moment but am planning a future dream project that includes famous people parodies. I'll have to research legality of parodies. ThX!
Another question if you have already published something like that does unpublishing takes the risk off?
This made me laugh, you can be so funny! Thank you for the content!!! 😊
If I look for sketchbook I find 5 active brands with this single word but in other categories: Wines, Sofrware, Christmas ornaments, Beer, Ceramic tiles. Can it be used as a notebook keyword?
Can’t see why not.
thank you very much.. I have a question, if a name is taken and I make it plural or Change one letter is that ok or still have copyright ?
I guess it depends on the name or trademark but you may run into trouble. Why not just create something original?
Does this apply to fonts? Is there a way of checking whether a font is okay to use for your book? I’m in the process of publishing a children’s book. Thank you
All fonts will have a license which will explain their usage.
Thanks, Paul, I have a question I want to publish in a niche but I found the keyword under 016 is separated by a symbol (- )for example, lion - king not like lion king?
Paul,, you are great...i was waiting for that but you have already made this one...i am greatful to you...
You’re welcome. 👍
Hello Paul,
is that a way to be sure that the inside content of a fiction/nonfiction book isn't already published, like a novel, stories, but even diets, manual or whatever has some written pages in it? I know that with free/premium tools like Grammarly or similar we can exclude that content is already online, but if a freelancer buy 3-8$ books and then he sends me the content telling it is original, then I check from plagiarism or trademarks and it seems ok, there no way to check if on amazon there's already a book with the same content before publishing it and risk the ban, am I right? thanks if you will answer, I am saying this because I've met a bunch of fraud freelancers in my path.
There isn’t a way to tell if it’s on Amazon.
@@paulmarles thank you, that's sad but at least it is real.
Hi can we use like , cricket notebook then basketball notebook like that mention sports. It is allow or not allow to publish on kdp ? Please reply thank you
Yes, you can.
thank you for great information, i 've three questions: -1) do you consider number of reviews in the analysis of keyword or not? if yes what should be the right number for considerer a keyword as profitable? 2) do you accept mastercard payment for gumroad? 3) how create a search word or puzzle etc in another language ? thank you
No, I don’t usually consider the number of reviews, I think Gumroad accepts MasterCard. As to the last question just use foreign language words.
Hi Paul! I noticed that "the shadow work journal" and also "shadow work" are a trademark so my question is can I use "shadow work workbook" ? Thank you
Where can I get images when I make my notebook covers? I don't want to get in trouble. Need to know before I take on this project. Please help.
I get most of mine from Creative Fabrica but there are many sites.
Hi Paul, Is it safe to use creative fabrica without subscribing it? I mean is it safe to purchase elements individually? Do they have license for commercial use?
Thanks you.
Yes
I'm new to this and still learning so apologies if this is a naive question.... If I use my own photos on journals/notebooks that are being sold, how do I protect them from being used by other people...? Many thanks 😊
You have automatic copyright on any original art you create.
@@paulmarles That's a lot simpler than I imagined... thanks 😅
Thanks :)
Thank you too. 🙏
Can you trademark a LCB? If I don't want anyone to copy my idea.... could I get the finished product trademark or patent?
You could but probably a waste of time and money. Personally I don’t worry about it, I just keep publishing.
Thanks for the info, though something I am confused on is when people get book titles approved that have multipule words in it that are trademarked, for example I saw the word "Why" is trademarked and yet I have seen various books that have the word Why as part of their title.
You;ve got to look at the goods and services that the trademark is in.
What about song recommendations in a book? Like listing name and song used for inspiration?
I don’t think just recommending a song would be a problem.
Hi Paul, what about this words if I use this type of characters on my design
Like-
Vampire, Dracula, Haunted night, Boo, Trick and Treat
If I use these word is there any risk to get copyright strike?
If you’re unsure you need to check yourself on the uspto.gov website.
@@paulmarles i did i saw some word showing trademark live like vampire,witch, but i saw still few few coloring and activity book what is related with these like,
1.pmpkin(trademark live) i saw many coloring book there related with pumpkin,
2.witch,vampire this type of word have trade mark still i saw many coloring book related with these on amazon
i use trademark protection i saw they are not showing this word have trademark but in uspto.gov they are showing its live trademark. even witch word is in live in 2 place i mean in TRADEMARK PROTECTION and in USPTO.GOV but still many people using those words and publishing journal and coloring book.
even i saw halloween,girls,teenage this type of words have trademark also still every people using then how i can sure which trademark live word is safe to use or which is not. plz help i searched this question everywhere nobody didn`t able to give me proper guideline.
Are quotes considered as copyrights ? I used a quote my interiors first page, and mentioned his name, is this gonna cause any problems ?? & Thanks paul
They can be copyrighted. So it's important to do your research.
what about using some famous Fonts ?
What does it mean application withdraw in the uk trademark search ? Is it mean the trademark exist ?
Doesn't sound like it exists but I'm no Trademark lawyer.
HELLO MR.PAULE, I HOPE YOU'RE DOING WELL, FIRST, THANK YOU FOR THIS AMAZING CONTENT, IT REALLY HELPS US SO MUCH.
I HAVE A PRETTY LITTLE QUESTION IF YOU DON'T MIND, CAN I USE THE NAME OF A BAND IN MY KDP NOTEBOOKS WITH AN ORIGINAL DESIGN I MADE IT BY MYSELF AS AN ARTIST? BY THE WAY, I NOTICED A BUNCH OF SELLERS DO IT AND THEY HAVE A REALLY GOOD RATES SINCE YEARS.
Yes, you can.
i like to ask you pls if i use Tom and jerry or any cartoon coloring book for kids that copie right and trade mark
They are someone else’s creation and are trademarked. You would risk losing your KDP account and getting sued.
@@paulmarles Yes, i try on etsy search Tom and jerry coloring book I didn't find anyone selling it, which means that he has property rights..Thank you
Can you use bible verses from a bible to create puzzle book? NIV version or ESV.
I would have thought so.
am kinda confused here, I just completed my book (non fiction-self help) and I've took references and stats from the internet, can I avoid copyright issues by providing the link and sources under "reference" at the end of the book ?
I’m not a copyright legal advisor but I don’t think providing a reference absolves you of wrong doing. I would suggest seeking legal advice on this one. You would need to be advised of what is considered fair use.
@@paulmarles thank you
My father is doing a genealogy book on his family name, Starbuck. He has made it clear that it is about people named Starbuck and not the coffee. I have looked at the trademark websites and see a lot of the coffee trademarks but nothing with the actual family name. Are we ok in publishing something like this?
can i buy interior templates from etsy and use it for kdp?
Yes, if they are licensed for that.
I have a book which explains tricks about microsoft certification exams.
I put some example questions, their answers, tips tricks etc. so I use microsoft
name and their certification exam names etc.. Since there are lots of
websites around, online courses and of cource offline cource centers around who
teach microsoft technologies... They do this everyday, they + me are
teaching these technologies. So do you think Amazon bans me since I am
not official microsoft worker, paying any trademark fee or any fee 'cos I
am writing books about their technologies?
Yes, that could be very likely. Amazon are very strict on breach of trademark.
I used starwars and my books got blocked right away. Am I at risk for suspension/termination? How can I prevent that from happening? Can I just tell KD0 I was wrong and they just can delete them?
I’m afraid you are at risk of losing your account. Not a lot you can do once you’ve uploaded trademarked content.
Hi I am creating a wordsearch book can I use the names of countries.
Yes.
Hello, Paul. I hope you are doing well.
Recently, Amazon has been blocking many kdp accounts !
Please, can you make a Video to help us from such fate ? Thanks.
There you go: th-cam.com/video/jRtaqterFOc/w-d-xo.html
can i put qr code inside of book, to let buyers download digital copy of book
You can put a QR code in and link to another book on Amazon or your website.
hi sir, can kindle or kdp use these words in the description? Will there be a copyrights problem?
Which words?
@@paulmarles words is kindle and kdp
Pretty sure I saw in Amazon guidelines that not allowed.
Hi Paul i had question about trademark, for example "coloring book" and "adult coloring book" those 2 word are listed on UPSTO, but isnt those two word are general word, how can we make coloring book without infringing these 2 word then ? im so confused with this. can you help me with this?
Yes, but are they 'Live' or 'Dead'. If you do find something that is trademarked then you have to look at the goods and services to which the trademark applies.
@@paulmarles thanks for explanation Paul, after i search again, most of the term is 'dead' status, and some of them are in other class other than 16. it kind of baffle me how such a general and public term like that can be registered as a trademark in the first place.
Stands to reason Coloring Book would be in 16, where else? So is it dead?
I mistakenly uploaded gratitude journal for kids in kdp but (FIVE MINUTE GRATITUDE JOURNAL is trademarked ) can I use this gratitude journal for kids? please help
QUESTION! Please answer. Okay so I was not careful and I did publish few books that are breaching trademark. Like famous video game or a movie. How do I take it down. Even if I unpublished it it will still stay on amazon with the status "out of stock" what should I do?
Also, why is amazon allowing it to publish. They should just reject it right there and then like they do on merch
Erm, I don’t think it’s Amazon’s fault. Nothing you can do.
This copyright law is ALWAYS very hard to understand, and is a huge pain to Kindle authors who tear their hair out trying to find a copyright-free image to use for their book covers. How can you EVER be one hundred per cent sure that whatever image you pick for your Kindle cover is risk free?
If it is such a worry and preventing you from moving forward then invest in graphics with a commercial license.
Thanks for your comment, Paul. In regard to investing in commercially licensed graphics, I search all the time for them on sites like Getty Images, Shutterstock etc. Only trouble is, so many of them are just so darned expensive. I mean, I am not got going to pay out fifty quid for one photo of a ghost! Wish there was an easier way, (he says with a loud, weary sigh).
@@paulmarles Hi - what about if you do hand drawn illustraions ?
@@Truegho Try Creative Marketplace or Creative Fabrica
Cheers Katie, I will do that.
hello if i add that sentence the lion king in town ,am i still againts the law ?
The lion king is trademarked. So yes.
@@paulmarles i have a recipe book named a blank recipe book . when i add the whole sentence nothing appears ? am i legal
So you can't make books like lets say a scorebook for an expecific game even knowing that the 016 trademark for books under that brand's term is not showing on uspto right? It doesn't matter if ther say or not that yor cant make books since you are making something related to them
If you are using the name of a brand or game that is trademarked you can’t use it unless you want to risk legal action and losing your account.
@@paulmarles And i get amazon's replies saying that is absolutely fine to use those keywords... maybe they just want to make money, as usual haha
What about Jane Austen whose quotes are 200 to 500 years ago? Or do the current publishers hold a copyright?
They are in the public domain as far as I'm aware.
@@paulmarles ☕️Thanks, Paul,
So happy that I found your channel. For someone starting on this past with a fair amount of experience with Photoshop and other apps., should I immediately purchase Tangent Templates ($59 US)? Thanks again for your detailed and clear, in depth topics.
Thank you for your info. I have been researching and thought I was ready to publish. I created my first journal in my "niche" I paid to have a trademark search, the results came back that the text was available, but I received a notice on the journal that says I need to show proof that I can use the term. I submitted screenshots of the trademark search and recieved the following response:
"We've reviewed your book(s) and determined that the title(s) is still misleading to customers. Titles that can cause a misleading customer experience may include:
• Unnecessary repetitive terms or phrases within the title, subtitle or series field. (journal )" How do I correct this?
It's difficult to say without knowing the title and subtitle. But it says you;ve used repetitiv words. Maybe try re-wording.
@@paulmarles Thanks I got it fixed :)
Thanks for the info here, however I have a question about copyrights. Before I ask it here is a background: I created a cover with a simple text, and I embedded this text into my own grapfic, and just then I checked the text for copyright and it happens to be the title of one of Madonna songs. The cover is not Madonna themed or anything, but it's still FROZEN. The question is: Does the common sense apply here? Sorry for my bad english
If it's the title of a well know song then yes it may well be copyrighted or trademarked.
In another video, it was mentioned that it was the content of a song that was protected, not the title. They gave as an example a song titled 'My Love' sung among many by Petula Clark, Justin Timberlake.... many people used that title.
As Paul said 'When in doubt throw it out', but the problem here is that often we are not even in doubt, we can't fathom all the stupid stuff that has been copyrighted, it's like we walk on eggs all the time.
To make matters worse, many videos are presenting contradictory information and when it comes to address people's pointed questions, they speculate and it's even murkier than when we knew little.
Is it ok to use quotes from Plato?
I would think so. He’s been dead a long time!
Hmmm .. was that a touch of sarcasm? I like it! :-)
now hold on. trademark is registered so that other dont use your logo or brand to mislead consumers into thinking its the original thing. My concern is that my work revolves around explaining the hidden symbolism, context and meaning behind hollywood films, corporate symbolism, products etc, and I show images of their works or logos in order to explain or interpret the hidden meanings within them, often or usually transformed in some way, and always what would qualify as fair use. For example, if one of my books explains the whole etymology and occult mythology hidden within the OREO brand name and logo, am I going to get sued for trademark infringement, when i am obviously not confusing the consumer for mistaking my book content for the original product? the Books dont exist to sell the images of the brand logo, rather the logo is just a piece of the explanation of the greater context of the work within the book.
can i sell local address book that have peoples name along with their email address on kdp, is it fall under any copyright strike or any things else, or its fine
I think you would find there are many issues around data protection.
I have a book with a quote that was not trademark, but now it is trademark What should I do?
If it was my book I would unpublish it.
@@paulmarlesI am going to do the same thing thank you so much
To complicate matters even more, someone who sends amazon a copyright infringement complaint could be completely a scam, themselves. Amazon always will take the side of the person lodging the complaint. And they will absolutely shut you down with no warning, and no chance of getting back into kdp.
You have to decide whether you are going to allow fear to stop you moving forward. You can analyse everything and find the pitfalls in every venture but unless you overcome those negative thoughts and just go for it you’ll be asking yourself the same questions in 1,2, 10 years from now. I did exactly the same thing with TH-cam. 10 years of procrastinating and worrying. I now think where would this channel be if I’d just started back then. I agree fan art is a risk re. trademark infringement ,so if you want to publish books look at creating other art.
You just have to document every work that you do to prove that you're the original creator of your design..
Quick question do coloring books need to be copyrighted?
No.
Paul Marles thank you for replying back. I actually already copyrighted the book.😅 so that sucks... but I’ll keep that in mind for future books.
Hello captain... The word "Mushroom Notebook" is not copyright in uspto but when I search only mushroom it show some result. Now can I use it "mushrooms"?? Even this single word show copyright in Productor for kdp extention while uploading.
What group or class is it in. That's what you need to look at.
@@paulmarles some are in 0.16 but how mushroom can be trademark? even some words like 'you,unique,quality,brother even planner which is a niche' this type of words are shows 0.16 trademark? how is possible..can i use this kind of word even it showing 0.16 copyright?
hahaha this is my question, i already know it's illegal, but I want to confirm that and know also if there is any collab partner in kdp like in redbubble and merch by amazon
👍😊 No, they don’t do collaborations unfortunately. 🤷♂️
@@paulmarles yeah unfortunately :(
hello paul how are you ?
thank you for this amazing information i would like to know if jokes has copie right and how can i found free jokes for kids please
Some jokes would be copyrighted. My only suggestion would be to search on google. I don’t have any websites or books to suggest.
I will say this to any would be scammer. Use or scan any of my images/books etc and I will sue. Cost not a problem. Incidentally, if in doubt, ask, it takes just one email to the copyright owner to seek permission to use his or her work. If the owner has no use for it you may legally get use of it for free. Courtesy always pays dividends at the end of the day.
If you are writing a book about Photoshop etc such as tutorials on Photoshop, surely that is allowed as no one will be able to publish how to use books about a subject. Or if you are writing a book about Paul McCartney or Marvel etc then you would have to mention their names as well as details of their product. Are you profiting then zillions and zillions of biographies or education books would have a problem there. You can't use Lion King but words such as Cinderella or Little Mermaid have been around for a lot longer than Disney. Simba is a Swahili word for lion apparently ... so it must be tricky to use a reference to that name in any book.
It would depend on if it's trademarked, so Little Mermaid, I suspect is probably trademarked by Disney. It would also depend in what context you were using the words. It's a complex area and therefore why there are trademark lawyers.
Hi Paul :
In your opinion can I use the Word Mark in Coloring Book
Goods and Services : Bath activity sets, namely, crayons; stickers; modeling clay for children; collectible trading cards, rubber erasers; posters; arts and craft clay kits; color pencils; markers; party goods, namely, paper napkins, tablecloths of paper, paper towels, paper gift bags, gift bags, fabric gift bags, gift boxes, party favor gift boxes sold empty, gift boxes made of cardboard, printed party invitations, thank you notes and cards, in the nature of greeting cards, decorative table centerpieces of paper, decorative paper bows for wrapping, paper party decorations, paper banners, paper cake toppers, paper cake decorations, life-size cutout figures of paper; greeting cards; children's storybooks; children's books sets; gift wrapping paper; books printed on thick paperboard; figures made of paper; writing implements containing invisible ink
Which word Mark? Coloring Book?
Haha thanks for the germ free tips.
😆😆
This is so shitty for me because I am so inspired by artists, I make a lot of fan art. I try to do it so its 100 percent original art, but even so, its at risk.
can i get sued for copyright infringement book cover if i already unpublished all books?
I guess if you've already made sales it's possible.
Wiki how has an article called 'Avoid copyright infringement'. Basically the subject(s) make me want to throw up my hands and scream. It's all well and good to suggest that creativity is the workaround but we have all absorbed the thoughts and creations of others over a lifetime. I suppose one can always try googling phrases and titles to see if exact matches are found. Now I will probably be reported for mentioning Wiki how's article. Can't win!
Don't mess with Disney. Trust me.
x'D
I got in trouble from VW for using a cartoon hippy design van an artist had created from Canva. Yes I had numerous other graphics and the van was in the background
Sorry to hear that. I've heard some other people having that very same issue.
I looked on a book I already created and one was listed but he was in Austria.......is this something I can use???
Using what aspect of the book in particular? There is trademark to consider but there is also copyright.