I'm interested in creating companion apps to several current An开发者_开发问答droid apps and was curious if there is a legal issue with using their name and/or icons from the app. Like the companion app being called Angry Birds Companion or something and you were to use a picture of the level or one of the characters, etc (I'm simply pulling from thin air so don't judge the idea, just the question, please). I know there are Strategy guides to video games that use icons and names, but I'm assuming they have prior consent. Does anyone have any factual input on this?
You would be in full violation of copyright (assuming the app owner has one) law if you used their images in your application without their approval.
Using the name is not as cut and dry. You can't use the same image of the name, just like you can't use "Android" in the custom typeface. However, I believe a name needs additional protection (like a trademark) to prevent using the same word like "Windows" or "Google."
Finally, a company or organization may choose to release a statement governing the rules of some types of images and or words of their product which give you specific rights to use their copyrighted work. Just like what Google has done with Android in their attribution policy and branding guidlines, which you can read about here and here.
You really should speak to a lawyer regarding something like this.
Advice will vary on factors such as where you are located, where the company/individual who owns the other application is located, their trademarks, their patents, their claimed trademarks, and many other factors.
I am not a lawyer, but personally I always ask for permission to use any names, logos, icons, graphics, etc before doing so. Be sure to get any authorizations in writing.
The only thing we can say is to read this
http://en.wikipedia.org/wiki/Fair_use
Some uses are considered fair use. Some aren't. Without a specific instance, we have no idea. Even so, don't use SO for legal advice.
I had a situation where I built an android app that utilized an ad-supported service exposed through a web site. Before I started I spoke to the owner. Essentially, he said if I wasn't going to charge for my app (which I wasn't) I could use it for free, as long as I provided some link back to his site. If I was to charge for my app, he would want to share the revenue (and I never went in that direction).
Just common sense, but if we are talking non-open source apps, the author of another pay app (or site, or game, or whatever you are gleaning from) isn't going to let you make money from their work without compensating them. Why would they? If you are building something that you will give away that will ultimately enhance the original work, maybe.
If you are truly enhancing their offering, you could potential work out a revenue sharing deal. In most cases, if there's real money to be made, the original author would just take your idea and build it out themselves.
Yes, it would almost certainly violate a trademark if you used the same or logos from the original work, and using their images / icons would be a copyright violation.
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