iPhone App Icon - usage and licensing [closed]

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I hope this is the right place to post this. If not, please redirect and I will be happy to move.

I am a little confused about the App Icon that represents our app in iTunes and on the devices. I am having some questions, specifically, about licensing for the icons I choose to use.

Technically, I was wondering of the app icon is officially defined as a 'logo'. It seems like if it is called a logo, on many sites you have to buy the exclusive rights to an image before using it as an app icon.

Otherwise, it seems like you can simply purchase an extended license. Obviously this differs from site to site, but they seem to all say I need a simple extended license when I describe the use, then they turn around and say that a logo needs exclusive rights. It's too bad that mant of these sites haven't addressed iOS applications as a category specifically.

Additionally, we specify several icon images within our apps in the plist file. I think I read somewhere that we might need a separate license for each of these icons, even if the same image is used repeatedly.

I could really use some feedback on this issue. I want to be compliant with the law and respect the needed licenses, without spending way more than I need to, and I already have app icons out there (and can't get a consistent answer from the site where I bought the icons) so I don't want to go the paid designer route. Thanks.

Answer 1

First off, we are not lawyers. We cannot give you legal advice.

That said, you should not use art you do not own in your app, regardless of how you use it. As an app icon, it may well count as a logo depending on the legal/applicable definition of that term. It certainly counts as copyright infringement if you don't have the rights to the art in question.

Ideally, the company you're working with should be supplying the app icon and other art. If they're unable to do that, they don't sound terribly professional. Art is not (usually) the coder's responsibility. Check with the company and get a consistent answer.

Answer 2

As Jonathan said so well above, I am not a lawyer, so take this with a grain of salt... it is not legal advice.

Whether or not an image can be used with an extended license, without full-on purchasing the rights, seems to depend on it is technically a logo or not. Also, whether you are trademarking the image. The logo part is where things get grey... and I haven't been able to find any clear answer on it. There may not BE a clear answer.