This is general information to help you ask the right questions, not legal advice. Have a lawyer review any development agreement.
Copyright assignment for custom app code
In the US, whoever writes code generally owns its copyright unless a written agreement says otherwise. Software written by an outside contractor often doesn't fit the legal "work made for hire" categories, so development contracts usually include an explicit assignment of copyright and other IP to the client. The US Copyright Office has background on work made for hire. Look for:
- A clause assigning the custom code, designs and documentation created for your project to your company.
- When the assignment takes effect, for example on final payment, and what you may use before then.
- A promise that the developer will sign any paperwork needed to confirm the assignment later.
Developer libraries and pre-existing code
Most developers reuse their own libraries, templates and tooling across projects. They usually keep ownership of those and license them to you for use in your app, which is normal. Check that the license is perpetual, covers modifying the app later, and survives a change of developer.
Open-source licenses in mobile apps
Almost every app includes open-source packages, each under its own license. Permissive licenses such as MIT and Apache 2.0 are generally straightforward for commercial apps. Copyleft licenses such as the GPL can carry obligations that matter for distributed apps. Ask the developer for a list of third-party packages and their licenses at handover.
Developer accounts, signing keys and access
Owning the code is only part of it. You also need control of everything required to build, sign and publish the app:
| Item | Why it matters | What to ask for |
|---|---|---|
| Source code repository | The code itself, with its history | A repository in your organization's account, developer added as a collaborator |
| Apple and Google developer accounts | Where the app is published and reviewed | Accounts in your company's name, developer invited with limited roles |
| App signing keys and certificates | Needed to ship updates to the same store listing | Know where keys are stored and who holds them; on Google Play, understand Play App Signing and who controls the upload key |
| Backend and cloud hosting | Servers, databases and storage the app depends on | Hosting billed to and owned by your company |
| Third-party services | Maps, payments, email, push, analytics | Accounts and API keys under your company |
| Design files | Needed for future changes | Editable source files, not just exports |
The developer accounts are also where store review happens, so having them in your name matters from the first submission.
App handover checklist
- Source code for the app and backend, with build instructions someone else could follow.
- A list of environments, accounts and credentials, transferred securely rather than by plain email.
- The third-party package list with licenses.
- Any documentation of APIs, data models and deployment steps.
A complete handover is what lets another developer pick up maintenance and updates if you change providers.
App ownership questions
If I paid for the app, don't I own it?
Not automatically. Ownership of the code depends on what the contract says, which is why development agreements usually include an explicit IP assignment to the client.
Can the developer reuse parts of my app for other clients?
Developers commonly keep ownership of their own pre-existing libraries and tools and reuse them. What happens to code written for your project depends on the contract, so settle it before you sign.
What should I do if a developer won't hand over the code?
Check what your contract says about ownership and handover, and speak to a lawyer. Having the repository and developer accounts in your company's name from the start avoids most of these disputes.
Ask for the ownership terms with your estimate. A clear answer up front is a good sign.
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