How you can license content from others while protecting their IP

For most creators, intellectual property (IP) is the lifeblood to their innovation, helping to define the key characteristics of a product while setting it apart from the pack.

The apps we use every day are not just the product of a developer’s code, but often incorporate music, branding, and designs from other creators to make it unique. This collaboration gives users a comprehensive software interface or engaging gaming experience and is ultimately predicated on respect for IP.  Intellectual property rights provide the mechanism to protect the integrity of ideas and creations, but when apps and their developers infringe on others’ IP—whether intentionally or accidentally—it hurts the entire app economy.

Properly licensing content for your app is equally as important as protecting the innovative ideas that drive it. And it can save you valuable time and money by preventing costly lawsuits.

That’s why we’ve created a Licensing Guide to help app developers and development shops license and properly leverage the photos, music, and other content that enhance an app’s experience. Our guide shares the dos and don’ts of licensing content for your app, resources to find the content you desire, and some words of wisdom from seasoned developers who have successfully licensed content for their products.

Read on for our best practices and key terms to know when choosing to license others’ content. Or, dive right in and read the full guide here.

 

Best Practices for Licensing Content

Remember the Golden Rule. When you choose to license others’ content for your app or game, always respect the intellectual property of others as you wish others would respect yours.

Do your research. Before utilizing any piece of intellectual property, establish who owns it, obtain verifiable consent to license it, and understand the scope of your license. Google Trends and Bloomberg are great resources to understand the strength and popularity of a desired brand before you choose to license it.

Use the proper channels. Depending on the type of license you take, there are different channels to appropriately utilize your desired IP. The USPTO’s database of trademarks and patents and the U.S. Copyright Office’s database can help determine the kind of access you need to lawfully use someone’s intellectual property.

Double check your work. It never hurts to confirm your license agreement with the owner of the IP before you officially use their content.

Cease and desist. If you discover you are utilizing IP in an unauthorized manner, do the right thing. Stop using it immediately.

 

Licensing Terms and Use

Licensing content for your app can reap huge benefits, but finding the right licensing terms for the appropriate content can be a challenge. Before you license content, always understand the terms and parameters for its use. Here are some definitions to get the information you need to license the content you want.

Creative Commons (CC): The CC enables the free distribution of a copyrighted work. The CC license gives the author flexibility and protects people who use or distribute an author’s work from copyright infringement concerns, as long as they abide by the conditions specified in the license.

Creative Commons Zero (CC0): The CC0 provides free content for the public domain without restrictions. Before content is offered to via the CC0, the content owner must waive all his or her copyright and related rights, to the fullest extent permitted by law, and provide the content to the public domain.

BY (Attribution):  If you are interested in licensing BY content, you must attribute the content to the source. You may copy, distribute, display, and perform the content —and even derive other works from it— as long as you provide the necessary credit or attribution specified by the licensor.

SA (Share-Alike): Under these types of agreements, you may distribute work derived from licensed content if you use a license identical to the one used on the original work.

NC (Non-Commercial): Under this agreement, licensees may copy, distribute, display, perform, and derive new works from content for non-commercial purposes. These licenses are for content not intended for commercial use or monetary compensation.

ND (No Derivative): As the name suggests, licensees may copy, distribute, display, and perform verbatim copies of the content, but cannot derivative works from it.

BY – NC: To license this content, it must be attributed to the source and used for non-commercial purposes.

BY – SA: If you license this content for your app or product, you must attribute the content, and any new material derived from the original content, to the original source.

BY – ND: If you wish to license content under these terms, you must attribute it to the source, but cannot modify it in any way.

BY – NC – SA: This type of content can be licensed only if it is attributed to the source and used for non-commercial purposes. Any new apps or content derived from the original content must be attributed to the original source.

 

Leveraging Fair Use Exemption

Copyright law has a “fair use” exemption that allows people to use copyrighted material for a limited or transformative purpose without express permission from the copyright owner. These purposes can include commentary, critique, or parody of a copyrighted work, or educational uses. While fair use exemptions provide a legitimate alternative to licensing copyrighted content, it is important to consider the following:

  • What is my purpose for using this content. Will I use it for commercial use or educational purposes?
  • How long will I use the content? Will I violate the terms if I use an entire video clip? If I add fair use content to my educational app, how long will it be a part of the curriculum?
  • How will my product impact the fair use content I wish to use? Will my parody of a copyrighted character affect the market opportunities or sales for its brand?

Fair use exemptions are an effective way to license content, but it is vital to follow the parameters of its use. It never hurts to double check. Before leveraging fair use exemptions, always confirm is applicable to the content you wish to use.

 

Don’t Let Fear Get in the Way

The licensing process can appear daunting, but with the right resources it can be incredibly rewarding. Don’t let fear of the process prevent you from licensing intellectual property. Come to the process willing to compromise and understand that both parties want a fair deal. When done right, the reward is more than worth the work.

 

You can read the complete Licensing Guide