Question

I am considering starting a business using app screenshots, and I would like to know whether this could potentially infringe copyright.

  1. The website would be related to mobile design, and users would be able to upload and search app screenshots. The service would be aimed at people working in the IT industry.
  2. The service would use a monthly subscription model, encouraging paid members to access a larger number of screenshots.
  3. An overseas example is pttrns.com.
  4. Pttrns generates revenue through banner advertisements and monthly subscriptions.
  5. I would like to create a Korean version of Pttrns. Would this potentially constitute copyright infringement?

Answer

Whether app screenshots constitute copyright infringement depends, first, on whether the app screenshots themselves qualify as copyrighted works, and second, on factors such as the size and image quality of the screenshots being used.

First, it is difficult to make a blanket determination as to whether an app screenshot qualifies as a copyrighted work. However, if the screenshot is sufficiently original and distinctive, it is more likely to receive copyright protection. On the other hand, if it merely consists of elements necessary to implement the general functions of an app, it is less likely to be protected as a copyrighted work.

Second, if the app screenshots are reduced in size and image quality to the level of thumbnails, the likelihood of being held liable for copyright infringement may be lower.

There have been similar cases involving the copyright protection of user interfaces (UI) and the use of thumbnails or previews. In such cases, parties have faced lawsuits after operating services without adequately reviewing potential copyright infringement issues.

Therefore, when designing the service, it is very important to conduct a thorough and detailed legal review to ensure that the provision of the service does not constitute copyright infringement or contributory infringement.

As these issues can be difficult for the general public or even general practitioners of law to fully understand, I recommend obtaining a review from a specialist in this field before designing and launching the service.