Who owns the copyright when entrusting others to develop an App
For commissioned works and software, both parties can sign a contract to stipulate the ownership of rights; If there is no relevant contract, the relevant rights belong to the party accepting the entrustment.
Therefore, if the App operator and developer are not If the contract stipulates the ownership of the rights of the App, the rights of the App belong to the entrusted developer by default.
Such rights ownership may affect the App operator This creates a huge restriction. Regardless of future software upgrades, redevelopment, copying, distribution, etc., the App operator needs to obtain the consent of the App developer. This is undoubtedly extremely detrimental to operators who directly make money through the App.
In order to avoid the above legal risks, the App operator entrusts When developing an App, the developer should sign a written entrusted development contract with the developer, and clearly stipulate in the contract that the rights to the App belong to the operator. At the same time, contracts should also be adopted to restrict App developers from signing their names in the software, and developers should also be prohibited from registering App copyrights in their own names.
App development disputes For App operators, in order to ensure that the developed App can be directly used by the operator, the developer strictly follows the instructions of the App operator It is particularly important to develop software based on the proposed functions, interfaces and other requirements. In the contractual relationship of entrusted app development, operators and developers often have unclear agreement on app development requirements and standards, which leads to disputes between the two parties over the app development results.
In such disputes, App operators are often based on If the developed software results do not meet the requirements, payment will be refused to the developer, and the developer will require the App operator to pay it based on the contract between the two parties.
In response to the above situation, the following is proposed Two suggestions:
(1) The App operator is To protect your own rights and interests, you can stipulate a "defense clause" in the development contract for refusing to pay. That is, the operator has the right to refuse to pay the developer until the App meets the requirements.
(2) App operator and developer sign a development agreement When contracting, the following main technical details and requirements in App development should be clarified in writing, or a clear software requirement letter should be signed separately. Designate product managers and developers for the development cycle, network data access port, App opening (or loading) time, operating efficiency, App application interface (design drawings can be attached to the development contract if necessary), whether each specific operation function that the App should have is allowed App developers push advertisements or provideIn addition to the above main contents of advertising space, App operators can also agree on other detailed terms in the development contract based on their actual requirements for the App. If both parties establish a detailed development contract, disputes arising from the development results can be effectively reduced for both the App operator and the developer.
App redevelopment and upgrade are accompanied by the development of software technology and With the continuous improvement of user needs, the App will inevitably face software upgrades after it is developed. Before app operators entrust developers with development, they should predict in advance the situation related to future app upgrades and make an agreement with the app developer on relevant matters in advance.
Generally speaking, the commissioned App is being upgraded , the following points should be noted:
(1) Whether you are an App operator or developer, you should ensure that you have the relevant rights or obtain authorization before upgrading or re-developing the software;
(2) App operators and developers should agree on the costs, deadlines, requirements, etc. for software upgrades or redevelopment;
(3) It should be agreed that the contract between the App operator and the developer expires After that, the developer's "post-contractual obligations";
(4) After changing developers, App operators should pay attention to the connection between the newly developed App and the old version of the App to avoid affecting some App users who have not upgraded their software, thereby causing the App operatorown losses.
Through the above content, we can see that when accepting a commission Both parties can sign a contract to stipulate the ownership of rights. If there is no relevant contract, it will belong to the party accepting the entrustment. In this way, the rights and interests of actual developers are greatly protected. If you encounter infringement in this area and need to defend your rights, you can go to the Legal Savior website to consult a lawyer.
