Now that making a mobile application is only getting simpler and simpler, you might find yourself interested in trying it on for size.
With the iOS app store adding over 500 apps a day, the app fever seems to have been caught by many.
The idea is enticing as all you need is a small budget and some rudimentary coding skills (starting out at least), however it is important to remember that apps mainly fall under the business category in the eyes of the law.
This means that if your app does commerce in any way it will have to follow the laws put in place for commerce based companies.
An essential step is to talk to a lawyer who specializes in startup and technology law as they will be able to make sure that you have everything in place legally speaking.
This post is written by Sonny Desai, a pre-law UCLA student majoring in Economics with a minor in Entrepreneurship who has experience in writing about startup law.
Now you might be thinking “do I really need a lawyer, I am sure I can figure it after all I made an app right?“
While that may be true, there are many legal issues you will have to deal with that a lawyer will be well versed in.
Here is a list of common reasons for why app companies need a lawyer in their corner:
Confidentiality
Apps may seem concise and easy to make but to create a genuinely good app requires a team. When getting other people involved in your idea, it is very important to retain confidentiality so that no one takes advantage of your idea.
The most common way to protect yourself when getting others involved is by having them sign a Non-Disclosure Agreement (NDA).
An NDA will ensure that the signatory cannot use your knowledge for their own personal gain under the threat of legal action. An experienced startup lawyer will certainly be familiar in NDAs and will be able to ensure that everything is filled out correctly.
Intellectual Property
Everything that an app consists of falls under intellectual property, the source code, name, logo, pictures and written content all fall under IP and needs to be protected. If the correct trademarks, copyrights and patents aren't filed, then your IP is open for the taking.
There are lawyers who specialize in IP and can be very helpful in determining what needs to be protected.
Terms and Conditions
While we are all familiar with what terms and conditions are, I can bet that not many have ever actually read them. Terms and Conditions is a legal agreement between the app developer and the user. It is an agreement that every user agrees to if they use your app.
The purpose is to inform the user of the correct use of the app, it also explains the incorrect use of the app and explicitly defines the consequences of incorrect usage. A lawyer should definitely be consulted as this is considerably important to limit your liability.
Along with these three issues, a lawyer can be very helpful with any legal issues your company might face in the future.
Mollaei Law is a law firm specializing in business law serving businesses and entrepreneurs. We provide legal expertise in all stages of business development by drafting and reviewing contracts and agreements, assisting transactions and negotiating, forming LLC's and Corporations, registering trademarks and copyrights, business planning, and answering any legal questions you may have about your business.
Sam Mollaei, Esq., business lawyer, can be reached by email sam@mollaeilaw.com or via phone (818) 925-0002.
This post is written by Sonny Desai, a pre-law UCLA student majoring in Economics with a minor in Entrepreneurship who has experience in writing about startup law.
