App Ownership

An app is considered intellectual property, which is defined by the World Intellectual Property Organization as “creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.” Intellectual property can be protected legally through patents, copyrights, and trademarks. Patents are usually used for inventions, but once an app is completed, competitors are not allowed to produce an app with the same functions (Moveo). However, patents are expensive and only unique functions can be protected. Developers can also opt for copyrights, which are similar to patents, and trademarks, which help to protect an app’s name and logo. Therefore, the app itself is owned by its developers.

This does not necessarily mean that developers own all the information their users input (unless a clause saying so is buried in their Terms and Conditions). When users buy an app, they are purchasing a service rather than obtaining ownership of the app. Ownership of something implies a person can control all aspects of the object; this is untrue for app users because they played no part in the app’s development. However, app users are still the owners of their own personal information and content. Inputting personal information into an app should not extend ownership of it to the app developers because the app is intended to be a vehicle for that information.

For example, iPhone users can use the Notes app to scan documents, make bulleted and numbered lists, create tables, and — as the title implies — take notes. The Notes app is a service that Apple offers. It should not entitle Apple to view what is in the app because it is purported to be a service. Despite that ideal, app users have little control over what developers choose to do with their information and need to be wary of the sensitive information they make public.

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