App update got rejected after being on the store for a year

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Created Feb ’19

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So here is the story guys. If you can provide any help, I would greatly appreciate it.

I have uploaded my app into appstore last year on April with no problems, app is live since then with many updates to improve the UI and new features. In this time I have created a fanbase on social media channels as well and now my total units downloaded for the lifetime of the app is 29.7k, still people downloading the app everyday.

So with my last update request, Apple raised some issues about some of the artworks I have used might be violating the following:

"4. 1 Design: Copycats

5. 2.1 Legal: Intellectual Property - General"

I haven't changed the design of the app between the two releases so first of all how come? What I have on the app is basically couple of cards artwork which I have bought from a designer and small football player portrait pics which are part of a game called FIFA 19 Ultimate Team.

These pictures are used all over the web and on apps like FUTWiz, Futbin etc. so first of all how come this is being picked up after I create a fanbase, and removing these pictures will make the app almost next to unusable.

So I have send a permission request to EA sports using their online form to be granted to use their artwork and player portraits. That might take upto 4 weeks without any resolution.

My question is is there a way I can improve a few things to sort the Apple App Review to get it passed, or do I have to wait for the permission to use EA content before I can do anything. This update is rejected twice with in the last 2 days by Apple, even now after I placed the 'All player cards and related artworks are property of EA Sports'

We have been hammered by the fanbase on the social media and this is giving us sleepless nights. Anyone with experience with this, could help out would be greatly appreciated.

If we can ask Apple to budge until we get the permission or we have to go through this painful waiting process.

Thanks a lot <3

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Answer 1

Claude31 OP

Feb ’19

Could be you have spotted the problem yourself:

small football player portrait pics which are part of a game called FIFA 19 Ultimate Team.

FIFA is extremely strict on copyright and the fact that

These pictures are used all over the web

is not at all a guarantee they are free of rights.

The fact that it was not refused before just shows that Apple made closer control.

I assume you should prove that the images are copyright free to be allowed to use.

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Answer 2

FUTAlert OP

Feb ’19

Thanks a lot, Claude. Yea the player images are free to use and even the artwork is bought from a designer but review department claims it to be a copy-cat of Fifa games. So I guess either way I might need a permission letter from EA Sports. Am I right?

Or do you advise to add a few quotes in my app definition and resubmit for review. Something like artworks are designed by "designers name" and player images are free to use, in formal words?

Thanks again for the reply

Jack

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Answer 3

Claude31 OP

Feb ’19

If you search for FIFA on the forum, you will find several posts.

You should read them all and see if you get some idea there. But that may be difficult, because FIFA is very strict on the protection of its IPR.

And their interest is certainly not to create any risk on them just to let you distribute your app.

This one was interesting

https://forums.developer.apple.com/message/325593#325593

The presentation of World cup results resembled to FIFA's scoreboard, hence causing rejection.

Good luck anyway, you'll never know if you don't try.

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Answer 4

john daniel OP

Feb ’19

FUTAAlert wrote:

the player images are free to use

How are you making that determination? You have written documentation from the owners of those images giving you rights to use them in this fashion? Just provide that documentation to Apple and you’ll be good to go.

The other images might be more difficult. Whether or not you paid a designer to make them is irrelevent to whether or not they infringe on someone else's copyright. What does your IP attorney say about this?

Of course, I realize that you pobably have neither a license for those images nor an IP attorney. That is the risk when you develop a product based on someone else's property. You have to tread carefully. Product owners allow a certain amount of copyright infringment by individuals when it serves to support and promote the product they are trying to sell. But if you are trying to run a business and profit off someone else's works, they get much more strict.

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Answer 5

chuckc192000 OP

Feb ’19

I think Apple is more concerned about referencing "FIFA" in the app than the rights to the photos and artwork.

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