Protecting and Selling Your Mobile Application

Even with the mobile app business booming, there is still room for app innovation. If you have your own idea for a mobile app and are ready to start developing it, you will want to make sure you understand the rules regarding copyright protection for computer programs—including what is protected and what is not—especially if you plan to profit from your work.

Find out more about Copyrights

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protecting and selling your mobile application

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Updated on: June 13, 2024
Read time: 3 min

You've developed a mobile application, and you're ready to bring it to market. To improve your chances of success and protect your intellectual property, keep the following considerations in mind before selling an app you've created:

The Copyright Act protects “original works of authorship” fixed in a tangible medium. According to Circular 61 of the U.S. Copyright Office, Copyright Registration for Computer Programs:

“Copyright protection extends to all the copyrightable expression embodied in the computer program. Copyright protection is not available for ideas, program logic, algorithms, systems, methods, concepts, or layouts.”

What this means is that your written code is an original work of authorship, and therefore the proper subject of copyright protection and, like any other original expression, will be protected by copyright laws instantly upon your creation of it. Copyright protection grants the author of a work the exclusive right to duplicate, distribute and display the work to the public.

You should consider registering your original work with the U.S. copyright office, because you cannot sue for copyright infringement unless your work is registered. Additionally, app copyright registration makes you eligible for statutory damages up to $150,000 and attorney's fees in such a suit. You can also register your work with United States Customs and Border Patrol to stop the importation of infringing goods (although admittedly this is less important for apps than for other types of work).

2. Any source code that you have licensed from someone else to create your app— including open source code—cannot be copyrighted by you, and the license agreement must be honored.

Many authors of mobile apps use open source code, which is source code that is “open” to the public for use and development. Any source code that is not your original work cannot be registered by you with the U.S. Copyright Office.

Although open source code is available for use by developers, such use is governed by a license agreement that covers copyright, distribution, and sharing. Some license agreements (Apache's, for example) retain copyright protection in the source code, but allow developers to add their own code and distribute the resulting product. Such licenses typically require that you, the developer, provide public access to the open source code and a copy of the open source license agreement with distribution of the new product.

If you violate any license for source code used in your app or otherwise infringe upon the intellectual property rights of the source code's owner (e.g., you attempt to copyright the source code in your app, or fail to provide public access to that code if required), your app may be removed from the App Store and you may be subject to legal action.

OpenLogic, Inc. recently scanned 635 mobile apps for use of open source code and compliance with open source license agreements. Results released on March 8, 2011, revealed that 66 apps contained open source code, and 71% violated the license agreement of the open source code.

You should examine the license agreement for any source code incorporated in your mobile app. Most open source license agreements can be found at http://www.opensource.org/licenses.

3. Register the name of your app with the United States Patent & Trademark Office (USPTO).

To protect the name of your app, you should register the app name with the USPTO. App trademark registration provides you with numerous benefits—it will protect the name of your app nationwide, gives notice to anyone who might consider using your app's name in a confusing way that you own the name, allows you to sue in federal court for infringement of your registered trademark and, like copyright law, allows you to register your intellectual property with United States Customs and Border Patrol to stop the importation of infringing goods.

Mobile apps provide a great new platform for innovators. Like all other areas of intellectual property, apps raise a particular set of issues you need to know before you start. If you're ready to copyright an app and protect your intellectual property, let LegalZoom help. Get started with an app copyright today.

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This article is for informational purposes. This content is not legal advice, it is the expression of the author and has not been evaluated by LegalZoom for accuracy or changes in the law.

57 days ago
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Obtaining a Copyright

I had some questions about copyright, and he answered all of them. He was pleasant to talk to very professional. I was very pleased. I've been using legalzoom for many years, and I love you guys. Thank you.

NORINA PURRO
58 days ago
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Happy customer

Ms. Green, was very helpful in assisting me step-by-step in guiding through the process in getting my copyright application. She was patient and very polite. She offered to follow-up on my completed, make sure the process was successful.

Ayesha
64 days ago
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Superior Customer Service

Superior customer service and expertise from Patti Green. I have a urgent need for an attorney consultation regarding state level copyright law. Ms. Green quickly and seamlessly steered me to the plan which affords this service. The consult was immediately scheduled for the next day. To say the least, this experience was exemplary.

Guy Hampson
69 days ago
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Copyright registration

Karen helped me immensely during my copyright registration. Very patient. Carrie was alos very good over there.

rjparadee
113 days ago
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So far whenever I have tried to work…

So far whenever I have tried to work with Legal Zoom it has been a great experience. Both Holly and Denise have helped to make my tour of the legal process for a copyright excellent and I now have my copyright in my hands. I might add that I am amazed I got it under the oligarchy at all after doge got done.

Connie Lednum
107 days ago
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Great Copyright Registration Experience

Walked me through the process to register my copyright. Made everything quick and easy!

Cheryl C
126 days ago
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Your expertise and knowledge of my…

Your expertise and knowledge of my questions regarding my copyright I applied for was nothing less than stellar!

Lorenzo Vito
153 days ago
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Time and clarity

Thank you for your time and clarity explaining items from my behalf in regards to Copyright material. I also appreciate the no queue waiting on line when I called. I do recommend you.

Adriant Sanchez
161 days ago
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Elizabeth was AMAZING!!!

Elizabeth was AMAZING!!!, She walk me thru the whole copyright process. Thank you

Adewale Agboke Jr
169 days ago
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Very responsive and was able to answer…

Very responsive and was able to answer my questions about Copyright options quickly and professionally.

Daniel White
324 days ago
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Great customer service

Great customer service! The LegalZoom representative showed genuine care. She followed up on my Copyright Order, and remembered me and my name from the previous Copyright phone call. She was very helpful and represented LegalZoom with excellence. Thank you for hiring, and retaining such a talented energetic representative.

Joshua Earl
565 days ago
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Legal Zoom Delivers On Their Promises!

Legal Zoom is professional, accommodating, and gracious. We went to them for copyright help, and true to their promise, we accomplished this endeavor in 30 minutes. EASY!! What a fresh breath of air to find a company that delivers exactly what they say they will! We'll be a Legal Zoomers for life!

Alice Osborne
1203 days ago
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Better than "Uncle Sam"

I had to get a copyright done and got nowhere with the U.S. Government Copyright Office, it was a joke! Legal Zoom took care of it and had me "fixed up" in 5 minutes. Thank You, Legal Zoom!

Padu
1309 days ago
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Legal Zoom performance is exceptional

Legal Zoom his handled four copyright applications for me and they are exceptional.

C Robert Cales
1587 days ago
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Copyright application

I am a new author and am filing copyright for my manuscript. My experience with LegalZoom has been very successful and a pleasure. The associate was knowledgeable and a pleasure to work with. I would recommend this service.

DJS
1747 days ago
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LegalZoom's Guidance is the best

I'm applying for a copyright for the first time and I was very nervous. My status page told me there was a problem and I should call LegalZoom. Kirk explained it was just a simple confirmation that was needed and he took the time to explain why its needed and talked me through what happens next. LegalZoom is just the best thing for a first time business owner like myslef.

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