Protecting Your Mobile App IP: The Mini Missing Manual

Getting Permission

If you use a copyrighted work in your app without permission, the consequences can be expensive and—more importantly—can result in Apple or some other app store owner pulling your work under the provisions of the DMCA (see the box The DMCA and You) or some other basis for claiming infringement. The typical approach is for the retailer/distributor to pull the app first and ask questions later.

This isn’t to say that if you use something without permission you’ll always suffer consequences. The risk of a dispute—whether it’s with Apple or with a copyright holder—depends not just on your particular use, but also on other factors such as the likelihood that the use will be spotted, whether you are a “worthy” target for litigation, whether permission is really needed, and whether the other side is inclined to sue. So you may get away scot-free—but is it worth the risk?

Tip

If you’re not already familiar with royalty-free providers such as istockphoto.com, check them out for reasonably priced photos, video, and audio. Review the licenses at such sites to be sure they cover using the material in your app.

The Five Steps for Getting Permission

Taking a conservative approach to using material created by others is the best way to protect your mobile app business. Unless you’re certain that the material is in the public domain or that your use is legally excusable, you should seek permission. (If you aren’t sure, you’ll have to either do your own risk analysis or get advice from ...