android_frameworks_base/docs/html/distribute/googleplay/policies/ip.jd

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>&mdash;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>&mdash;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>&mdash;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>&mdash;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>&mdash; 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>&mdash; 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>&mdash; 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>&mdash;Don't let your
    app infringe on the trademarks of others.
  </li>

  <li>
    <strong>Know your app's content</strong>&mdash;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>&mdash;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>&mdash;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>&mdash;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>