Web & Mobile App Development

Web & Mobile App Development

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This course teaches how to integrate business, technology and legal decisions for website and mobile app development. This delivers returns from intellectual, contractual and digital media properties that are effectively owned, controlled and managed.

Product Details

Author: Noric Dilanchian
Date revised: 19 July 2013
ISBN: 978-1-922195-01-2
CDP: 6.5 points
Format: Course
File type: Ebook, Video, Web Course
Pages: 22
Field: Intellectual Property
Tags: intellectual property
Product ID: c001

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This course provides practical training on legal and commercial matters for ventures involved in website and app development. Expert participants in the video case study demonstrate how to define and negotiate deal points for website and mobile app development agreements. A consistent project management methodology shapes the structure, instructional text and downloadable templates. Designed for lawyers, entrepreneurs, web and app developers, digital media producers, investors and others in business, this course guides entrepreneurial leaps of faith within a contemporary business and legal framework for web and mobile app development.

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Features

34 review points
12 videos - case study
6 legal templates in Word
6 visualisations
Glossary
References
Study duration: over 6 hours

Templates

Website Development Agreement [Client Bias]
Mobile App Development Agreement
Website or App Development Fee
Website Questionnaire
Product & Project Plan
Terms of Service


Course Objective

This course addresses the development of both web and mobile apps because of the common expectation that content will be available across many devices and will involve responsive design. New product types are emerging with the increasing prominence of smartphones, tablets and other mobile devices, with mobile apps being the most significant part of their growth curves. Today, greater mobility is a major driver of change in IT markets.

This course focuses on practical training for a website and app development agreement to avoid or minimise common legal and commercial obstacles which hinder website and mobile app development. Proactive steps help achieve optimal results, including for minimising risks and maximising financial returns.

David - The Publisher

A consistent project management methodology (reflected in segmentation of project stages) shapes the rationale, structure and resources of the course. The methodology is designed for website and mobile app development and is tested, robust and flexible. The methodology and templates, with some adaptation, can also suit projects involving client/server software, managed software, and software as a service.

The course and its resources are designed for lawyers, developers and digital media producers, investors and others in business. Lawyers and clients have a great deal to gain from learning when and how to work together. The cross-disciplinary nature of website and mobile app development makes collaboration a necessity. The challenge for holistic approaches is to find ways to identify, extend and integrate the competency of business people, developers and legal practitioners working in collaboration. It is to find and build on common ground. This course takes on that challenge, providing a network and resources designed to help improve results and apply best practice for website and mobile app development.

Templates

The downloadable templates below are bundled with the course.

Mobile App Development Agreement

This template applies a practical project management approach for a mobile app development agreement between a client and a developer.

Product & Project Plan

This pre-contract template can serve three roles. It can be used to plan a project, prepare a brief for a contract drafter or pitch a proposal. For those roles it categorises information for the product and its related project. The template documents a project, how it will be managed and the market, features, functions, benefits and development path for the product to be developed.

Terms of Service

Terms of service (AKA terms of use) regulate legal relationships, particularly those of a contractual nature. This template can be used for relationships with free users and paid subscribers of a website or mobile app.

Website Development Agreement [Client Bias]

This template is suitable for simple marketing and brochure sites through to the more sophisticated ecommerce websites. It is biased towards the client, including as regards control over fees, project management and work suspension.

Website or App Development Fee

This worksheet provides the project management structure for website, app or software development projects. It is a framework for detailing tasks, phases, deliverables and milestone payments. For consistent approaches, these practical structure and framework should be mirrored in legal provisions for development agreements.

Website Questionnaire

This template is a questionnaire on business management, legal and technical administration considerations for website development and operations.

Course Outcomes

By the end of this course you should be able to:

  • build, test and improve the definition of a web or app concept beyond a mere idea;
  • run concept or vision development in line with technical, business and legal workflows;
  • sort out the hardware and software functionality to master to work towards a proof of concept;
  • conduct a preliminary feasibility assessment of a web or mobile app project;
  • guide technology choices recognising each option has some advantages and disadvantages;
  • make development decisions targeting financial models and "stickiness;
  • engage personnel to meet the needs of the owner of the website or app;
  • prioritise planning work recognising there is a hierarchy of plans, not just a one shot "business plan";
  • implement a planning process guided by measures such as set goals, objectives, tasks, key performance indicators, and budget;
  • select development documentation to be outputs from a website or mobile app planning process;
  • categorise the targeted website or mobile app against those similar to it or competing with it;
  • identify planning questions;
  • identify a broader range of brand elements of a website or mobile app for treatment with legal protection mechanisms;
  • increase the level of legal protection by filing trade marks for more elements;
  • select trade mark applications worthy of registration to achieve expanded legal monopoly rights;
  • file trade mark applications with the scope to achieve greater monopoly rights;
  • engage in venture structuring decisions focused on deeper and more detailed considerations, such as separation of the business operating entity from the intellectual property holding entity;
  • see and even map the connections between business structuring and ownership and control of intellectual property;
  • prepare a list of documentation (or a preliminary list for professional review) relevant to business structuring and the ownership of intellectual property;
  • prepare a draft project plan;
  • prepare a project budget for review by professionals and project personnel;
  • collate information to include in independent contractor agreements making them legally secure;
  • select and engage with independent contractors more effectively;
  • brief independent contractors more effectively, eg with a design brief;
  • segment development projects into stages for project management purposes;
  • select and contract with a website or mobile app developer more confidently and securely;
  • prepare an overview or clause listing of a required development agreement;
  • draft contracts adopting language which makes them more legally effective;
  • recognise the benefit early planning plays in subsequent selection of business models;
  • discuss a range of monetisation options and metrics with venture professionals and advisers;
  • schedule decisions to make for website traffic monitoring;
  • schedule review of features of a website or mobile app needing marketing law compliance advice;
  • set a framework for a marketing law compliance program, disclaimers and policies to be detailed by professional advisers and project personnel.
  • distinguish elements of older legal templates which have dated or are out-of-date, recognising that website and mobile app development agreements (and other template agreements in the field of information technology) rapidly evolve in response in particular to technology changes;
  • list written agreements likely to benefit a website or mobile app project;
  • list common legal issues that can be covered by agreements involved in website and mobile app development; and
  • apply a checklist of legal considerations affecting content.

Important Disclaimer
This course, its contents and resources provide an overview for general guidance only. They do not replace the need for advice on individual cases. For specific advice your particular circumstances must be taken into account. 

Credits

Noric Dilanchian

Courseware creators
 

Author

Noric Dilanchian,
Dilanchian Lawyers & Consultants
www.dilanchian.com.au

Digital Media Producer

Michael Ney, Eagle Spirit Media
www.eaglespiritmedia.com

Graphic Designer

Craig Peterson, Handpress
www.handpress.com.au

Additional Graphics

Working Planet Pty Ltd
www.workingplanet.com.au

Video Editors

Michael Ney
Sevak Dilanchian

 

Sarah Gee

Case study participants
 

Publisher

David Longfield,
Longueville Media
www.longmedia.com.au

Investor

Sidney Minassian, CEO, Contexti
contexti.com

Web Developer

Chris Burke, Six Plus One Media
sixplusonemedia.com.au

Book Rights Owner

Sarah Gee,
Lawyer

 

 

 

Reviews


Overview

The lessons of this course are listed and numbered consecutively. This order is recommended. However, a different order may be preferred, depending on the project. For example, in some projects the topics in several lessons need to be progressed in parallel. To illustrate: if a project has a project plan setting out full details for topics covered in lessons 1 to 5, then the focus should be on what is not known or settled, ie subsequent lessons.

This course recognises that development and entrepreneurship are two sides of the same coin. It applies a cohesive theory of entrepreneurship, recognising that entrepreneurs create value in uncertain circumstances.

Click on the numbered tabs below to read more about each lesson.
 

01. Concept Development

Websites and apps begin with a concept which should be defined as clearly and as early as possible in the development process.
 
 
 

02. Feasibility Assessment

Costs, time and hassle can be minimised by: thinking through the feasibility of intended functionality; reviewing business, legal and technical considerations for content; budgeting and cash flow forecasting funding needs; and creating value for owners, collaborators, stakeholders and end users.

03. Planning

While a plan is not essential, planning is critical. Enough said.

 
 
 

04. Brand Architecture

There is a known methodology for building legally strong brands. Brand valuations and development work are both improved if brand-related decisions are made early. These include settling or securing - domain names; company and business names; social media names; logos, corporate style and related identifications; and filing trade mark applications.

05. Venture Structuring

How a venture is structured determines the nature and level of risk and reward for stakeholders. Business structuring secures ownership and control in one node, typically a company or incorporated organisation. For a company, this involves shareholders and the appointment of directors and other formalities. Decisions affecting a company should be in alignment with growth or evolution plans and this may involve separate, related and wider venture and enterprise structures. Structuring decisions impact the terms and conditions for engagement of individuals or personnel (eg employees, independent contractors, and volunteers) as well as separate entities or organisational collaborators (eg partners in business, joint venturers and affiliates).

06. Project Plan

Project management involves a "what if" process leading to forecasting and preparing for activities in the future. Each participant working to a project plan follows a road map with directions. The project plan defines or schedules consideration of the project's ambition and scope of work, obligations of each party, fee basis on which each is engaged, and related parameters for the participants, products and services.

07. Web and App Building Process

After experimentation and discovery, and before substantial development of a website or app starts, developers should outline at least the intended preliminary architecture or wireframe. This should be clearly stated in writing. Sometimes clarity for a team of collaborators requires sharing in-depth functional and technical specifications. To guide implementation of action plans, these specifications detail the design concepts, operations and final execution of the website and app.

08. Foundational Documents

This course is designed around legal templates designed for website or app development. A website development agreement and a mobile app development agreement are foundational documents. The parties to them are developers on the one side and usually the start-up, venture company or client organisation on the other side. Prepared properly, foundational documents set out the methodology, plans and legal framework for a start-up, project or venture. They then become living documents, legally binding blueprints framing or categorising both settled and anticipated decisions.

09. Business Model

The competitive strategy of an app or web offering is formulated by decisions about the product, the value it provides, its market, cost structure, pricing and margins. A defined business model captures and integrates decisions on these topics. Understanding models and their dependencies, makes it easier to adapt and change in dynamic markets.

10. Marketing

Marketing is one of the most highly regulated business functions. Laws regulating marketing information include laws on ownership (eg copyright and trade marks), distribution (spam), placement of marketing messages, confidentiality, privacy, security, censorship, pornography, sedition, blasphemy, freedom of speech and much more. Compared to fundamental intellectual property law principles, marketing law is more jurisdiction-specific, raising the importance of awareness of local regulations and practices.

11. Legal Relationships

Terms and conditions should define the nature of the legal and business relationships between a digital media business, its users, hosts, suppliers, contributors and other participants. Numerous laws, across many legal jurisdictions, are relevant. Laws relating to intellectual property alone, include copyright, trade marks, patents, confidential information and trade secrets. The challenge in drafting terms and conditions is to identify, forecast, avoid and minimise risks. Fundamental to this is to identify legal relationships, under contract law and other laws, and deal with them before launching a website or mobile app.

12. Summary & References

Review the Course Outcomes from this course.