App Developers

The market for software is rapidly evolving for a range of reasons: development is an enormously creative profession; in line with Moore’s law, hardware continues to rapidly increase the processing power available to applications, widening the range of possibilities; new devices mean more and more apps are emerging for on-the-move users; and new peripherals and commodity components mean that apps can take advantage of functionality like GPS, Gyroscopes, wireless and near-field communication, and audio-visual capabilities.

On a similar note, cloud computing, Web 2.0, open protocols and web services mean more integration and collaboration between providers.  While the specifics will depend on the platform, and the nature of the app, a wide variety of legal issues are liable to arise in the course of developing and marketing software.  Some of the more crucial issues to be aware of are set out below.

Copyright

Software typically comprises a bundle of intellectual property rights, one of the most important of which is copyright.  This may serve to protect not only the source code and object code which lies at the heart of its operation, but also the layout of the interface, as well as graphic, audio and video content.  It is crucial not only to ensure that you own the end product of your investment in the software, but also that you avoid infringing the rights of others.

Platform and API requirements

Applications developed for platforms such as Apple’s iOS must comply with certain terms and conditions, this is particularly important where acceptance to sales channels such as the App Store is tightly regulated.  Similarly, should your app make use of 3rd party APIs offered by Google, Yahoo, Facebook or similar, there will be additional terms to consider.  Failing to do so can have significant consequences, including the loss of access to the platform or API.

Licensing

Increasingly, the reuse of existing software libraries and frameworks is enabling rapid development of rich applications.  Whether these are proprietary or open source, failure to abide by the terms of the relevant licences can have important repercussions.

Documentation and privacy

Compliance with data protection law, and with regulations relating to the marketing and distribution of your applications, along with putting in place effective terms to govern their use, your liability, and the obligations of the parties involved, all ensure that you are in good stead to cope with fast adoption of your software.  As with all of the issues touched on above, the key here is to be informed, and to take steps to manage your risk early on.

Branding

The market for apps for mobile devices has experienced huge growth recently, developing a strong brand and reputation is crucial to separate your software from other offerings.  Find out more about protecting your brand here.

What Next?

If you need legal work please call us on +44 (0)20 7700 1414 or if you prefer send us an enquiry using the form below. Depending on your requirements we may suggest a free meeting. This is often the best way to assess whether we would be the right firm for you, and to understand the work involved, your priorities, attitude to risk, and desired timescales.