Streamlining Multi-Region Copyright Clearances for Mobile Apps in India + SEA

Introduction

There is an unprecedented growth in the mobile application market across India and South East Asia. There is a scope of a large number of opportunities for the developers to seek an expansion using their database. Nonetheless, it requires a deep understanding and diligent implementation of copyright clearance to navigate the demands of diverse regions successfully and not merely creative app development. It is essential to have proactive copyright clearance to achieve market success. In case this factor is ignored, it may lead to consequences that may include infringement suits, monetary penalties, and damage to the company’s goodwill and reputation. This blog talks about the intricacies of multi-region copyright clearances with respect to mobile apps in India and South East Asia. It analyses the challenges that developers face and puts forward several approaches for effective copyright clearance. The increasing digital transformation in India and SEA, with the rapid development of the legal sector, has widened the scope of copyright compliance as an essential for market entry and survival.

The Legal Terrain

Multi-region copyright clearance for mobile apps concerns taking permissions under various legal frameworks to use the copyrighted work. There is a wide variety of content within an app, and hence, it requires permission to use the copyrighted work to be used diligently. Copyright is a territorial intellectual property, which means that principles like originality and automatic protection remain constant. There is no international registration system for copyright, unlike patents or trademarks. The countries that come under the ambit of the SEA countries include Singapore, Thailand, Vietnam, Malaysia, the Philippines, and Indonesia, other than India.

AI-generated content is an emerging sector where several issues need to be addressed. Copyright laws need to be reviewed and amended according to the dynamic issues that are arising. For instance, the issue of AI-trained authorship has shifted the focus from the traditional human authorship of subject matter. This implies that the developers must not only check the content used within their apps but also how that content was generated in the first place.

The Copyright Landscape: India & Key SEA Nations

Almost all SEA nations, along with India, are members of international treaties like Trade-Related Aspects of Intellectual Property Rights (TRIPS), the Berne Convention, etc. Sharing common principles, but there are different challenges that the app developers face. The principle of automatic protection given under the Berne Convention is followed by most SEA nations. It implies that copyright protection is granted to a person the moment the work is created or secured in a tangible form, without any compulsory registration. However, the benefits of registered copyright vary.

In accordance with the WIPO Internet Treaties, the Copyright Act, 1957, was amended in 2012. It governs copyright in India and protects a wide range of subject matters, including literary work, dramatic work, artistic work, musical work, cinematographic films, and sound recordings. The licensing of copyrighted work is a different segment under the same act. For example, musical work copyright rights exist with separate individuals. The developers or the parent company must obtain access to these rights via means of licensing to use in mobile apps. Moral Rights are given under Section 57 of the Copyright Act, 1957. It also deals with the complete transfer of some rights of the author, even on the assignment of economic rights.

The legal framework of SEA countries has a wider scope since it includes a specific group of countries. Even though all major nations are members of the Berne Convention, the execution and implementation of copyright rules differ from place to place. The main focus of all the SEA countries remains on digital content and online piracy in the digital age, which indicates that the laws are up-to-date.

There is a harsh penalty system for infringement of IP rules in Singapore, along with automatic protection for original content, and includes provisions like data mining exception, etc. COMPASS (Composers and Authors Society of Singapore), a simplified and modernized system for mobile application developers that acts as a streamlined solution. The Malaysian Copyright Act also provides automatic protection along with a mandate for registration of the work. It was amended in 2022, but navigation for mobile app developers for different rights is still a necessity.

Vietnam and Thailand face similar challenges related to overlapping licenses, confusion creation and potential liability. The developers often rely on local partners to obtain rights. The copyright law of Indonesia provides mandatory automatic protection and also covers software and video games.

Core Challenges for Mobile Developers

Even though there are many similarities in the copyright framework of India and SEA countries, mobile app developers face significant challenges while seeking multi-region copyright clearance. The territorial nature of copyright is one of the main challenges that app developers face. It means that if a right is granted in one country, it is not necessary that it will be enforceable in another country as well.

The fragmented landscape of copyright clearance in India and South East Asia countries is a hurdle that developers face while navigating. The primary challenge occurs where there is a division of rights for content, music, video, etc., among different stakeholders. The lack of consolidation of Collective Management Organizations (CMOs) in SEA nations adds to the fragmented landscape of copyright clearance. Further, the opaque licensing procedures also create complexities. Many nations do not have a standard rate or do not offer online portals for application. This reduces transparency and delays the clearance process. Moreover, the inadequate digital infrastructure in India and SEA nations adds to the challenges to mobile app content infringement cases. Implementing cross-border judgements and laws is a very difficult and tedious. There is a chaos created, challenging which law shall be applied. This implies that there is a need for a standardized law that can act as a solution for the same.

Strategies for Streamlining Copyright Clearance

The approach to streamline copyright clearances for mobile apps in India and South East Asia has to be strategic and include a unified legal framework to overcome the challenge of diverse laws. Several strategies can be used to ease the burden on the mobile app developers. Pre-cleared content libraries can be used as a commencing point. Associating with organizations that offer royalty-free or globally licensed media might reduce the individual negotiations significantly. If the negotiations cannot be avoided, the use of blanket licenses must be encouraged. A significant technical solution to complete multi-territorial rights can be geo-fencing materials. The apps can restrict access or display of certain content as on the location of the user.

Sturdy contractual clauses must be acquired to safeguard against any disputes that may arise in the future when third-party content is accessed. Ownership warranty from the licensor, an indemnity clause for the protection of the application developer, must also be included. At last, the use of technological tools streamlines the aspects of the tracking and verification process of rights. The mobile app developers may keep an eye on content consumption and its infringement. This reduces the risk of multi-territorial infringement by identifying the content or software.

Conclusion

Copyright clearance is the pillar of digital growth in today’s world. India and South East Asia have a great cultural content and a number of user bases, which showcase a high market value for mobile application developers. However, the inadequate standardized copyright licensing laws in these areas lead to a number of challenges that are faced by the developers. The use of skills, technical resources, and know-how must be used by developers to conjunct with licensing.  The demands of contemporary artists, developers, consumers, governments, and intellectual property authorities should be recognized to modernize the copyright frameworks.

Author: Ishita Dhir, in case of any queries please contact/write back to us via email to [email protected] or at IIPRD. 

References

1. World Intellectual Property Organization (WIPO), Guide to the Intellectual Property Aspects of Mobile Applications and Social Media (Prepared by Daniel Gervais), 2024, https://www.wipo.int/documents/d/mobile-apps/docs-wipo-guide-to-ip-aspects.pdf.
2. World Intellectual Property Organization (WIPO), Intellectual Property Rights for Mobile Applications – Project Overview and Resources, https://www.wipo.int/en/web/mobile-apps.
3. World Intellectual Property Organization (WIPO), Intellectual Property in Mobile Applications: Overview and Key Issues, 2023, https://www.wipo.int/documents/d/cooperation/docs-en-ip-in-mobile-applications.pdf.
4. Copyright Clearance Center (CCC), Multinational Copyright License Frequently Asked Questions, April 2015, https://www.copyright.com/rightsdirect/wp-content/uploads/sites/6/2015/04/Multinational-License-FAQs_0415.pdf.
5. Intellectual Property Office of the Philippines (IPOPHL), Copyright – Protection and Registration Services, https://www.ipophil.gov.ph/copyright/.
6. Reuters, India Panel to Review Copyright Law Amid Legal Challenges to OpenAI, The Economic Times, May 6, 2025, https://m.economictimes.com/tech/technology/india-panel-to-review-copyright-law-amid-legal-challenges-to-openai/articleshow/120930972.cms.
7. Singapore Legal Advice, Developing a Business App? Here are 5 Things to Note, June 30, 2025, https://singaporelegaladvice.com/law-articles/developing-business-app/.
8. Kenfox Law, A Practical Guide for Copyright Related Matters in Vietnam, https://kenfoxlaw.com/a-practical-guide-for-copyright-related-matters-in-vietnam.
9. Arpan Banerjee and Neil Gane, Copyright Piracy and Cybercrime: Enforcement Challenges in India, WIPO Magazine, December 13, 2022, https://www.wipo.int/web/wipo-magazine/articles/copyright-piracy-and-cybercrime-enforcement-challenges-in-india-42977