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How Mobile Apps and Games Developers Should Respond to Copyright Infringement Cease and Desist Letters. Learn now.
Anyone who has ever tried to develop a mobile app or game idea knows that there is no such thing as a totally original idea. Even if you came up with your idea in a vacuum, someone else, somewhere else, has already come up with a similar idea. While it is totally fine to come up with similar ideas, it is possible you might face a cease and desist letter at some point during your development and deployment of your app or game. Here’s what you should do:
Register your copyright. As soon as you have an idea and decide to move forward with it, you should register that copyright. Keep in mind that copyrights do not necessarily always protect the idea itself. They do, however, protect the expression of your idea. A copyright, once your idea has been expressed (developed into an app or a game), is the best way to combat any potential claims of copyright infringement.
Always strive to act with integrity. Yes, your idea might be similar to another app or game that is already on the market. This is fine. What you should never do, however, is steal another’s idea outright. We see this a lot in the mobile app world and it is wrong. Don’t try to mimic someone else’s success. Instead, try to find your own success by developing your own, unique idea.
Examine the letter closely. It is important to know exactly what the other developer thinks you might have done to infringe on his copyrights. It is possible to unknowingly infringe on another’s copyright, but it is unlikely that unless you have actively attempted to steal someone else’s app, that you have made a very serious infraction. Read over the letter to determine whether or not the person issuing the letter actually has the right to do so.
Ask for legal help. If you have received a cease and desist letter, obtaining the help of a lawyer is always a good idea. In cases where you really have infringed on another’s copyright, your lawyer will advise you what you should do and how you should do it. Otherwise, he can tell you what actions to take in order to prove that you have not infringed on another’s copyright.
Jovan Johnson is a California licensed attorney who focuses on SEO, mobile games, and apps. He is passionate about mentoring students and steering dollars to scholarships, and speaks regularly about career opportunities. He is a principal at Johnson Moo, Furzy, Paymaster.Co, and 320 Instrumentals.
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