copyright software business copyright-notice copyright-transfer
How does copyrights work for mobile/web applications?
<p>If a mobile/web developer creates an application like Uber, then sells it to a company, and the company also wants the copyrights for the application, what happens if after few months another company comes to developer and asks for a new similar application like Uber, then the developer creates a new application like Lyft and give it to the new customer/company?</p>
<p>I mean a developer may use 90% of similar codes that he used while creating Uber application for the Lyft application. In this case, can Uber company sue against the developer because they have also bought copyrights for the Uber application?</p>
<p>It's a little bit confusing for me as a developer because most of the time we use similar codes to create similar behaviors in an application. Also the way you code is like your handwritten and you can not code similar applications in different ways, it's kinda meaningless! Because most of the time we just copy and paste similar codes that we already use in another application if we want to build something similar.</p>
<p><strong>So how does copyrights law work for the applications?</strong></p>

<p>A fundamental principle of copyright law is that protection is only afforded to the concrete expression, and not the abstract idea. Therefore, if you write a sort program, what is protected is &quot;that specific program&quot;, and not the general idea of a sort program. There are many kinds of sort algorithms: if you write a bubble sort program, you don't &quot;own&quot; all bubble sort programs, you only own the one that you wrote. If you sell your right to a particular bubble sort program, you don't thereby prevent yourself from writing another bubble sort program. But, technically, you <em>do</em> prevent yourself from copying that program, changing some variable names or maybe manually recoding a couple of lines, and re-licensing the code (assuming that you fully transferred copyright, or gave the customer exclusive rights to the code).</p>
<p>The basic question that the courts will ask is &quot;did you copy that program&quot;, which they answer by looking at the similarity between the two programs. All bubble sorts have a necessary similarity. To prove infringement, the plaintiff would (ultimately) have to prove that the similarity had to have come from copying rather than independent coincidental re-creation. Functional considerations and general programmer practice
would tend to weigh against an allegation of infringement in certain cases, where &quot;counter&quot; is a common name for a counter variable, and bubble sort is a well known algorithm with limited practical differences in lines of code.</p>
<p>The hard part is establishing that it would be natural for such similarities to exist even when independently coded by a single person. It may be common practice to take a program that you've sold and tweak it in some fashion, but that is copyright infringement, whereas &quot;applying the lessons that you learned in writing X to a new program&quot; is not infringement, it is using the same ideas, and the ideas are not what is protected.</p>

<p>If the developer sold exclusive rights to their code, their customer has grounds to sue.</p>
<p>If the developer licensed their code non-exclusively, there isn't grounds.</p>
<p>Normally, a contract developer will sell the rights, while a product-based company will license them. Of course it's common in practice to do the former, but then reuse parts of the code - there are both legal and non-legal ways to make this happen.</p>
