Monday, 27 August, 2018
It’s hard not to be impressed when hearing about apps like Instagram or Vine being bought out for the sums of money that most people can only dream about.
Therefore, it’s understandable that many are either considering creating an app, or are in the midst of developing an app with the hopes that their little venture will become a fruitful business. Beyond the fantasy of building a product that may be worth millions (or billions!), practical considerations such as copyright might not be high on a developer’s priorities, however, it should be, because if you’re sitting on a winning app idea, you want to protect your intellectual property and reap the potential rewards for yourself. Alternatively, you may also be a person running a small business who has built a great app and want the peace of mind of copyright protection. So, how can a person protect the copyright of an app?
Are apps able to be copyrighted?
The Copyright Act 1968 (Cth)(the Act), already affords copyright protection to computer software, therefore, it’s conceivable that the protections can also be extended to mobile apps as well.
What are the basic requirements to ensure that apps are protected by copyright law?
The app must be the result of a person’s own skill and effort: the overarching aspect of this requirement is that the app must have a genesis from an idea that a person has developed on their own. Even if the app has some similarities to other apps, still may not be an issue if the creation of the app was the result of the person’s own skill and effort.
The app must be novel or original: it’s probably not surprising that an app may have similar functions as other apps due to the fact that iTunes for example, have specific rules in relation to how an app should operate. Nor would it be unusual if the app filled a niche shared by other apps. However, the important aspect in regards to this requirement is the app must demonstrate some utility and function that makes it novel or original.
The app must be published and reduced to a material form: the submission of an app for approval can conceivably be deemed as ‘published’, and may meet this aspect of the criteria. Furthermore, there is no requirement that an app must be a purchasable product for it to be afforded copyright protection, because even free apps that meet all of the conditions, may still be protected.
Concluding remarks
The area of copyright law in regards to the mobile apps is a burgeoning area that is constantly evolving. The thing to keep in mind if you do have a great app idea, is that it’s probably best you keep the idea to yourself until it is protected by copyright law.
If you have any questions or concerns about copyright protection in regards to your app, or any other intellectual property matter, always seek the assistance of an experienced lawyer in the area to ensure that your creation is protected.