QuestionIn your article Essential legal considerations when developing a new app, you said: however, if you have engaged freelancers, or an agency to develop the app for you, they will own all of the rights until they are specifically assigned to you. Therefore, you must have a proper written agreement with them that assigns all of the rights to you. If you don’t, you won’t own the rights to the app, even if they say you do. I would like to know how I go about making sure that this does not happen. I am about to create an app with a freelancer and want to know how I can get paperwork to ensure that all the rights remain mine after the job is done? I look forward to your response.
AnswerThanks for your question. The app developer you are working with is likely to have standard terms and conditions of business which you will need to sign up to if you want to work with them. Have a read through these and look for a section on intellectual property rights. You need to look for a clause that says something to the effect that all intellectual property rights in the app will automatically be assigned to you. it’s possible that the assignment will be conditional on you paying all fees that are due to the app developer. This is quite normal and so long as they fulfil their obligations to you then I have no issue with this. However, a provision such as this could be a cause for concern if the developer fails to fulfil their obligations to you and you then decide to withhold payment. This could lead to a legal dispute between you and the developer in which you have to prove they breached their contract and you should have the intellectual property assigned to you despite not paying the full amount due to them. If the terms and conditions don’t have an intellectual property section, or they say that all rights will be retained by the developer, the contract will need to be amended. Either a new clause will have to be inserted or the existing clause amended. __________________________________________________________________________________
Making your mark: How to stand out in the app store Going up against the competition can be tough, and even more so when all you have to differentiate yourself is a shop front in the app store. __________________________________________________________________________________ Alternatively, instead of amending the terms and conditions (or if the developer doesnt have standard terms and conditions), the intellectual property rights in the app could be assigned to you in a separate contract.
To be legally binding, this assignment needs to be a proper written agreement signed by the developer.