Questions about copyright and the App store

    Lyrical introduction


    A few months ago, I wrote about how a promotional application for iPad was made for our small town. In short, it turned out this way: the city administration ordered the application, two companies submitted applications (Company No. 1 and Company No. 2), Company No. 1 won the order, made the design and collected the content, and transferred the whole thing to Company No. 2, which “ programmed ”and sent the application to the App store.


    What is the essence of the matter



    I will not dwell in more detail on how all this happened. Because without strong evidence, as it turned out, it’s not worth talking about it, because otherwise I look like an offended person who did not "grab a free order." (and perhaps it’s all too early for you to get such an impression :))
    If we omit various complaints about how the work was done and whether it corresponded to the TOR, then a significant violation was committed, namely copyright infringement. How does this concern me? In this application, without my any consent, a photograph taken by me was used.
    After reading a large amount of information on this topic, I concluded that the violation is undeniable.

    Questions



    But the question arose - who violated my rights? The company that collected the content or the company that posted the app?
    For a person who does not know the background and sees the application in the App store, the answer seems to be obvious - "who marked up, he violated."
    I decided to take the path of least resistance, and appeal to the most just court in the world, I have no desire so far. After looking at a bunch of pages on apple.com, I tried to find at least something that describes the moment when the applications violate my copyrights. As a result, I found this page www.apple.com/legal/trademark/claimsofcopyright.html and wrote the essence of the complaint to them by e-mail.

    Today, they contacted me from Company No. 2, saying that they received a letter from Apple and they were not to blame for anything, as the content was provided by Company No. 1. And although it seems to be removed the application, but in fact "Company No. 1 will suffer."

    Have any of you encountered such a situation that you ordered any material for your work, and he ended up being stolen? And who then should be responsible for this? Have you provided the final result? Or still, those who provided the stolen materials?
    So far, in this case, Apple believes that the publisher of the application has violated my rights.

    Z.Y. Notes on spelling and grammar errors are best written in PM. Thanks.

    UPD: Why did I immediately write to Apple, and did not personally contact Company 2:habrahabr.ru/blogs/Dura_Lex/129782/#comment_4297394

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