who is responsible

[Bassem]

Hello, I'm looking for an answer!
I want to start to develop and publish apps for clients, mainly web apps (Web-based content), but I'm concerned about the responsibility of the content if they changed their sites' content to something problematic, who is responsible for that?
and when publishing the app how to clarify that it's not mine?

[Acid Panda]

should depend on who owns the intellectual property.

as the creator you should be fine.

[Windows7ge]

This is kind of like walking in a store. The store isn't responsible if you buy a product and do something illegal with it.

Likewise if you sell someone a custom made side and they do something bad with it that's on them.

 

Not to mention you could keep a private record of what you made them so if it did come to it you could show what you were paid to make.

[Razor Blade]

Maybe I'm misunderstanding here, are you asking about problems about future compatibility? If so it really depends on what you agreed to. If you agreed to support the app for X amount of time then it would be your responsibility. You really should factor in that future support with your bid if that is the case because the customer should pay for it. But if the customer just wants a product and you deliver it with no agreement to future support, it is the customer's responsibility if they want the product updated.

 

If you're referring to problems as in controversial content, see above posts.

[SupaKomputa]

I'm a developer, i may answer these questions,  from google / apple perspective, the one who is responsible for the content is the owner of the app or the owner of the developer account, who have the developer ID and therefore can upload the app to the appstore. If the app raised a red flag, the account owner admin is the one who answer the complain.

 

So usually i don't upload clients app to my developer account, i set them up with their own account so all apps i developed for them will be on their own account. Use their Credentials, emails and address, and their credit card to pay for the registration, never use your bank account. In google case, if one of your developer account was banned, usually they would ban multiple account linked to you, including youtube, admob etc. If you're banned, you are not allowed to make money in all google platform.

 

So my suggestion is keep your account clean, play with the rules, and not worry with clients, keep everything separated and you will be good.

[wasab]

Do you even have permission to develop an app using their contents? 

[straight_stewie]

1 hour ago, barsiksss said:

if they changed their sites' content to something problematic

I guess that depends on how you set things up, and where you are.

*If you stand as publisher, you might actually be liable for the content on the site. *If, on the other hand, you just deliver blank software and some tools to add resources to it, and your client publishes and maintains it, then you would likely be in the clear.

However, I find it weird that such questions are asked. IMO the best way to write software is the one where no one asks the developers a legal question. Devs write code, not law.

 

* Disclaimer: I am not a lawyer.

[Bassem]

28 minutes ago, wasab said:

Do you even have permission to develop an app using their contents? 

sure!

[Franck]

If you continuously develop and update the site for them you have to watchout. I have been brought in such a problem once and i won't make that mistake twice.

I did update some PDF document and images for a client on their website (which we built) and they didn't own the right to 2 images. I knew they didn't had the right to the images i was a perfect copy on another website and i told them to get the rights for it. They literally threaten me to cancel all payment they were due and at that time i was pretty new to this and i complied. Anyhow, about 8 months to 12 months later i get a letter from them about getting fine by getty images for stolen content. The fine was 8,000$ CAD for 1 image and 5,000$ CAD for a second image. Since we had email proof between me and the client an i was not on the payroll of the client i was given half responsibility as i knew i was doing illegal activity. So i was fined half the amount and the client the other half. I managed to settled for less by dealing with Getty images directly with my lawyer.

 

Long story short, get all legality stuff and responsibility setted up into the contract. It will save your company an legal expenses.

[Bassem]

31 minutes ago, Franck said:

If you continuously develop and update the site for them you have to watchout. I have been brought in such a problem once and i won't make that mistake twice.

I did update some PDF document and images for a client on their website (which we built) and they didn't own the right to 2 images. I knew they didn't had the right to the images i was a perfect copy on another website and i told them to get the rights for it. They literally threaten me to cancel all payment they were due and at that time i was pretty new to this and i complied. Anyhow, about 8 months to 12 months later i get a letter from them about getting fine by getty images for stolen content. The fine was 8,000$ CAD for 1 image and 5,000$ CAD for a second image. Since we had email proof between me and the client an i was not on the payroll of the client i was given half responsibility as i knew i was doing illegal activity. So i was fined half the amount and the client the other half. I managed to settled for less by dealing with Getty images directly with my lawyer.

 

Long story short, get all legality stuff and responsibility setted up into the contract. It will save your company an legal expenses.

Thanks Useful information, but i'm not making them website, just making thier website opens within an app. 

[Franck]

8 minutes ago, barsiksss said:

Thanks Useful information, but i'm not making them website, just making thier website opens within an app. 

So most likely you are doing content delivery. If you search for that or check with a lawyer you can learn more about your liability. It's like youtube they deliver content of other people but i do believe they do have some liability. In all cases a lawyer is the only opinion you should follow. Some firm specialized into software contract and stuff. It's usually quick and not that expensive compared to what it could cost you if you have not checked before.