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Alex Reese
Alex Reese, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 3106
Experience:  Experienced in intellectual property law
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As an iPhone/iPad gaming app developer, I will need to

Customer Question

Hi, As an iPhone/iPad gaming app developer, I will need to buy code/graphics/audio files from online freelancers. I need to ensure that the files I buy are original and that the freelancers are not just passing off stolen/copied material. How do I write
my contracts with these freelancers to minimize my exposure to legal risk because of these unscrupulous online freelancers?
Submitted: 2 years ago.
Category: Intellectual Property Law
Expert:  Alex Reese replied 2 years ago.
well first you need to screen them as well as possible, because no contract will protect you from being liable for IP infringement. You can include an "indemnity" provision in your agreement with the freelancers (you can find various indemnity provisions online that you can use) but that just means that they agree to reimburse you for any liability you incur as a result of using the material they give you...but ultimately you as the user of the material are liable to the IP owner. Practically speaking, I doubt an unscrupulous freelancer will actually indemnify you even if they agree to it...and whether they even have the money to do so is another matter. So bot***** *****ne is you need to screen your freelancers, your contracts with them will offer little to no protection, it just amounts to a contract you have with them (which they can break) does not protect you against third parties that come after you for infringement/counterfeiting etc.

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