| page.title=Intellectual Property |
| @jd:body |
| |
| <div id="qv-wrapper"> |
| <div id="qv"> |
| <h2>In This Document</h2> |
| <ol> |
| <li><a href="#copyright">Copyright Infringement</a></li> |
| <li><a href="#impersonation">Impersonation</a></li> |
| <li><a href="#trademarks">Trademark Infringement</a></li> |
| <li><a href="#other">DDA 4.4 Prohibited Actions</a></li> |
| </ol> |
| |
| <h2>More Resources</h2> |
| <ol> |
| <li><a href="http://play.google.com/about/developer-content-policy.html" |
| target="_policies">Developer Program Policies</a></li> |
| <li><a href="http://www.android.com/us/developer-distribution-agreement.html#showlanguages" |
| target="_policies">Developer Distribution Agreement</a></li> |
| </ol> |
| </div> |
| </div> |
| |
| <p> |
| Google Play policies protect your intellectual property (IP) as well as that |
| of other app developers and content creators in the store. The policies and |
| their enforcements help ensure proper use of copyright, trademarks, and |
| developer identity in Google Play. |
| </p> |
| |
| <p> |
| As an app developer, these IP policies benefit you. At the same time, it's |
| your responsibility to ensure that your app does not violate the IP of other |
| developers or content creators. Violations of IP-related policy may result in |
| suspension of your apps from the store and termination of your developer |
| account. |
| </p> |
| |
| <p> |
| This document introduces several key areas of IP-related policy that you |
| should understand before publishing on Google Play. In each area you'll find |
| best practices and examples to help you avoid common types of mistakes and |
| violations. |
| </p> |
| |
| <p> |
| For more information about Google Play policies that apply to your apps and |
| content, please see the <a href= |
| "http://play.google.com/about/developer-content-policy.html" target= |
| "_policies">Developer Program Policies</a> and <a href= |
| "http://play.google.com/about/developer-distribution-agreement.html" target= |
| "_policies">Developer Distribution Agreement</a>. |
| </p> |
| |
| |
| |
| <h2 id="copyright">Copyright Infringement</h2> |
| |
| <p> |
| Copyright is the legal right granted to an author or creator for a literary, |
| dramatic or artistic piece of work. As soon as you create an original piece |
| of work and fix it in a tangible medium, the work is automatically protected |
| by copyright law and you are the owner of the copyright. Likewise, when other |
| people create content, they may own the copyrights for those works. |
| </p> |
| |
| |
| <div class="sidebox-wrapper"> |
| <div class="sidebox"> |
| <h2>How to report infringements</h2> |
| <p>If you feel your copyright is being infringed, you may file a Digital Millenium |
| Copyright Act (DMCA) request. Please see <a |
| href="http://support.google.com/bin/request.py?&product=androidmarket&contact_type=lr_dmca" |
| target="_policies">copyright procedures</a> for more information.</p> |
| </div> |
| </div> |
| |
| <p> |
| Copyright infringement is an improper or unauthorized use of a copyrighted |
| work. If you publish an app in Google Play that uses another party's copyrighted |
| works improperly or without permission, your apps can be suspended and your |
| developer account terminated. |
| </p> |
| |
| <p> |
| As you design your app and prepare for publishing, make sure to review Google |
| Play policies and analyze all of your content. If your app uses or links to |
| another party's original work, make sure that your app is not infringing on |
| copyright. Not all uses of another party’s work are infringements on |
| copyright, and the rules vary by country and can be complex. |
| </p> |
| |
| <p> |
| If you are unsure whether your use of another party's work infringes on a |
| copyright, consider getting legal advice before publishing, or simply request |
| permission to use the work from the copyright owner. |
| </p> |
| |
| <p> |
| Here are some guidelines to help you avoid copyright infringement policy |
| violations: |
| </p> |
| |
| <ul> |
| <li> |
| <strong>Respect copyright laws</strong>—Do not let your app infringe |
| on the copyrights of others. That includes linking to other apps or web |
| sites that contain obviously infringing material (please refer to the <a href=" |
| {@docRoot}distribute/googleplay/policies/spam.html#webview-spam">Spam in WebViews</a> guidelines), and using icons or images that are obvious infringements. |
| </li> |
| |
| <li> |
| <strong>Know your app's content</strong>—Before you publish, look |
| for content that may be protected by trademark or copyright in your app |
| and get legal advice if necessary. Protected work could typically include |
| product names, brands, images, music, and similar works. |
| </li> |
| |
| <li> |
| <strong>Create original work</strong>—If you’re not sure whether |
| something will violate another party's copyright, the safest approach is to |
| create something that's completely original, such as images or audio |
| that you’ve created yourself. When you create your own original content, |
| you rarely have to worry about infringing on existing copyright. |
| </li> |
| |
| <li> |
| <strong>Ask permission to use copyrighted work</strong>—If you want |
| to use another party's copyrighted work in your app, you should ask for |
| permission from the work's creator or copyright owner and include |
| appropriate copyright attribution. |
| </li> |
| </ul> |
| |
| <p> |
| A common misunderstanding is believing that your app may use copyrighted |
| content without permission, provided that you clearly indicate that your app |
| is not the "official" app that readers may be familiar with. That is not the |
| case. Even if you let users know that your app is "unofficial", it still |
| violates Google Play policies if it uses or links to copyrighted content |
| without permission. Also, this type of "unofficial" app may violate <a |
| href="#impersonation">impersonation policies</a>. |
| </p> |
| |
| <p> |
| The example app below shows an app that uses screenshots/images of known |
| artists without their authorization and lists popular songs. The combination |
| of these may induce users to download music ringtones that infringe on |
| copyright. This is a violation of Google Play policy. |
| </p> |
| |
| <div class="example-block bad" style="width:100%;float:none;margin:.5em auto 2em 0;"> |
| <div class="heading">Images and downloads that violate copyright</div> |
| <img src="{@docRoot}images/gp-policy-ip-copyright-violation.png"> |
| </div> |
| |
| |
| <h2 id="impersonation">Impersonation</h2> |
| |
| <p> |
| Impersonation is when an app attempts to imply a relationship to another app |
| or developer, where no relationship actually exists. |
| </p> |
| |
| <p> |
| For example, if your app displays the brand, icon, or title from another app |
| in order to get to users to download your app, you are leading users to |
| believe that your app is developed by the same entity as the other app and |
| offers similar content or experience. This is an impersonation of the other |
| app and developer, and it is a violation of Google Play policy. If you |
| publish apps that violate impersonation policies, your apps can be suspended |
| and your developer account terminated. |
| </p> |
| |
| <p> |
| No matter what type of app you offer or what your motivation, don’t try to |
| imply an endorsement or relationship to another company or product where none |
| exists. Don’t try to establish your app as the "official" version of another |
| party's work by prominently featuring their brand names or trademarks in your |
| app title or description. |
| </p> |
| |
| <p> |
| Even if your app description states that your app is an "unofficial" version, |
| the use of the other app's branding, trademarks, and other content still can |
| violate policy by presenting content that isn’t yours. |
| </p> |
| |
| <p> |
| Here are some guidelines: |
| </p> |
| |
| <ul> |
| <li> |
| <strong>Don't pretend to be someone else</strong>— Don't represent |
| that your content is produced by another company or organization if that is |
| not the case. |
| </li> |
| |
| <li> |
| <strong>Don't support infringing sites or apps</strong>— Don't divert |
| users or provide links to any other site that mimics Google Play or |
| represents itself as another application or service. |
| </li> |
| |
| <li> |
| <strong>Don't use another app's branding</strong>— Don’t try to pass |
| off your app as the official version of someone else’s property by using a |
| person or entity (or brand) name in your app title or description. |
| </li> |
| </ul> |
| |
| <p> |
| Below is an example of an "unofficial" app that violates Google Play policy |
| by impersonating another company and an existing product. Specifically: |
| </p> |
| |
| <ul> |
| <li>The example app has a name and icon that appear to be impersonating an |
| existing product. |
| </li> |
| |
| <li>The example developer name implies an endorsement or relationship to |
| another company and their products where none exists. |
| </li> |
| </ul> |
| |
| <div class="example-block bad" style="width:100%;float:none;margin:.5em auto 2em 0;"> |
| <div class="heading">App name, icon, and developer name that impersonate another</div> |
| <img src="{@docRoot}images/gp-policy-ip-impersonation-violation.png"> |
| </div> |
| |
| |
| <h2 id="trademarks">Trademark Infringement</h2> |
| |
| <p> |
| A trademark is a brand that uniquely identifies a product and distinguishes |
| it from other products. It can be a word, name, symbol, or combination of |
| those that is intended to identify the source of the product. A trademark is |
| specifically acquired by a company or other entity through a legal process |
| and once acquired gives the owner exclusive rights to the trademark usage. |
| </p> |
| |
| <div class="sidebox-wrapper"> |
| <div class="sidebox"> |
| <h2>How to report infringements</h2> |
| <p>If you feel your trademark is being infringed, you can request a content review. |
| See <a href="http://support.google.com/bin/static.py?&ts=1114905&page=ts.cs" |
| target="_policies">Removing content from Google</a> for more information.</p> |
| </div> |
| </div> |
| |
| <p> |
| Trademark infringement is improper or unauthorized use of a trademark. Google |
| Play policies prohibit apps that infringe trademarks. If you publish apps in |
| Google Play that use another party's trademarks, your apps can be suspended |
| and your developer account terminated. |
| </p> |
| |
| <p> |
| As you design your app and prepare for publishing, make sure to review Google |
| Play policies and analyze all of your content. If your app uses a trademark |
| not owned by you, or if you are not sure whether a brand is a trademark, you |
| should get legal advice before publishing. As with copyright, the rules vary |
| by country and can be complex. |
| </p> |
| |
| <p> |
| Here are some guidelines for avoiding trademark infringement policy |
| violations: |
| </p> |
| |
| <ul> |
| <li> |
| <strong>Understand and follow trademark laws</strong>—Don't let your |
| app infringe on the trademarks of others. |
| </li> |
| |
| <li> |
| <strong>Know your app's content</strong>—Before you publish, look for |
| brands and potential trademarks used in your app and store listing and get |
| legal advice if necessary. |
| </li> |
| |
| <li> |
| <strong>Use a distinct name</strong>—Don't give your app a name that |
| is confusingly similar to another company's trademark. |
| </li> |
| |
| <li> |
| <strong>Don't use trademarks to imply a relationship</strong>—Don't |
| describe your app using another company's trademarks in a way that implies |
| an endorsement by or affiliation with the other company. |
| </li> |
| |
| <li> |
| <strong>Use a distinct app icon and logo</strong>—Don't use a |
| modified version of another company’s trademarked logo. |
| </li> |
| </ul> |
| |
| <p> |
| A common misunderstanding is believing that your app may use a brand or |
| trademark without permission, provided you clearly indicate that the app is |
| not the "official" or original app. That is not the case. Even if you let |
| users know that your app is "unofficial", it still violates Google Play |
| policies if it uses another party's trademarks. Also, this type of |
| "unofficial" app may violate <a href="#impersonation">impersonation |
| policies</a>. |
| </p> |
| |
| <p> |
| Below is an example app that violates Google Play policies by infringing on |
| another party's trademarks. Specifically: |
| </p> |
| |
| <ul> |
| <li>The example app name is confusingly similar to another party's trademark.</li> |
| <li>The example app icon is a modified version of a another party's logo.</li> |
| </ul> |
| |
| <div class="example-block bad" style="width:100%;float:none;margin:.5em auto 2em 0;"> |
| <div class="heading">App name and icon that infringe trademarks</div> |
| <img src="{@docRoot}images/gp-policy-ip-trademark-violation.png"> |
| </div> |
| |
| |
| <h2 id="other">DDA 4.4 Prohibited Actions</h2> |
| |
| <p> |
| When you publish an app on Google Play, you agree to the terms of the |
| Developer Distribution Agreement (DDA). Section 4.4 of the DDA prohibits certain |
| types of actions on your part. For reference, you agree that you will not |
| engage in any activity with the Market, including the development or |
| distribution of Products, that interferes with, disrupts, damages, or |
| accesses in an unauthorized manner the devices, servers, networks, or other |
| properties or services of any third party including, but not limited to, |
| Android users, Google or any mobile network operator. |
| </p> |
| |
| <p> |
| For details, please refer to the complete <a href= |
| "http://play.google.com/about/developer-distribution-agreement.html" target= |
| "_policies">Developer Distribution Agreement</a>. |
| </p> |