In todays digital age, smartphones have become an indispensable part of peoples lives. Mobile wallpapers, as a vital element of personalized expression, are seeing growing market demand. Their diverse image resources satisfy users pursuit of personalization and aesthetics. However, behind this apparent prosperity lie numerous copyright issues, posing significant challenges to app developers and the entire industry.
I. Diversity of business models and copyright risks of wallpaper mobile applications
At present, the business model of wallpaper mobile applications presents a diversified situation, each model has its own unique profit path and operation characteristics, but also with their own copyright risks.
（ one ）
| Advertising revenue model
Advertising monetization remains one of the most prevalent business models for wallpaper apps. These applications typically display ads across various sections of their wallpaper interface, including banner ads, pop-up windows, and full-screen interstitials. As users browse and wallpapers, they inevitably encounter these advertisements. Developers charge advertisers based on metrics ad impressions and click-through rates. However, this model carries inherent copyright risks. To attract more users and boost ad engagement, some apps may use unauthorized images from trending films, anime, or games as wallpapers to increase user attention and dwell time. Such unauthorized usage could lead to lawsuits from copyright holders, potentially exposing developers to substantial compensation demands and legal liabilities.
（ two ）
| Pay-per-view model
The paid membership model has gained popularity in wallpaper apps. By paying a fee to become a member, users gain exclusive privileges and services such as access to higher-resolution, more unique, and personalized wallpaper resources, ad-free browsing experiences, and priority access to new wallpapers. However, this model carries copyright risks. If app developers fail to ensure the copyright legitimacy of members exclusive wallpapers or exaggerate membership benefits in promotions, resulting in discrepancies between provided wallpapers and promised features, it may lead to user complaints and legal disputes. Additionally, the collection and management of membership fees must comply with relevant laws and regulations; otherwise, it could involve issues unfair competition and violations of consumer rights protection.
（ three ）
In-app purchase model
The in-app purchase model enables users to pay extra for premium wallpapers or exclusive value-added services within an app. For example, mobile wallpaper apps may require users to purchase limited-edition designs, unique artwork, or collaborations with renowned brands separately. This approach not only generates direct revenue for developers but also fulfills users demand for rare and high-end wallpapers. However, when in-app purchases involve unauthorized content without proper copyright authorization, it risks both user dissatisfaction and legal disputes for developers. This is particularly problematic when working with established IP holders, artists, or designers, copyright issues become especially complex and sensitive.
The three business models mentioned above represent just a small fraction of online commercial activities. As the internet evolves, more innovative business models may emerge, but all must respect intellectual property rights and strictly comply with laws and regulations. Nowadays, the pursuit of profit at the expense of risk has become rampant, leading to frequent collapses and near-bankruptcies of business models. Wallpaper applications have emerged as a major hotspot for copyright infringement in legal practice. For instance: 1. Some wallpaper apps rapidly expand their libraries by using unauthorized clips from films, screenshots, photographs, paintings, and design patterns. These works originate from creators such as TV producers, professional photographers, illustrators, and graphic designers who hold clear copyright over their creations. 2. Certain apps copyrighted works without permission— ing colors or cropping content—distorting their original artistic expression. Such actions violate authors rights to and protect their works, constituting infringement.
II. Discussion on the nature and liability of infringement in special business models
In the field of wallpaper mobile applications, once an infringement occurs, the court will make a rigorous and meticulous judicial determination based on relevant laws and regulations and specific facts to determine the ownership of tort liability and the amount of compensation.
In the context of copyright infringement cases involving wallpaper services, three legal relationships inevitably arise: internet service providers (developers/platforms), users, and the copyright holders. Analysis of such cases reveals that most platforms primarily defend themselves by claiming "the infringing party is the user, and our platform merely provides network services rather than content distribution." However, courts consistently require software operators to prove their "sole function of providing information storage space services" when identifying content providers. Failure to meet this burden may result in being deemed the direct infringer of the accused video. Furthermore, when developers purchase third-party content to expand their platforms resources—regardless of whether the purchased materials represent authentic user information—the author maintains that such actions could still be classified as direct infringement.
Secondly, if the infringing content in some wallpaper applications is indeed uploaded by users, then whether the platform party should be held responsible for this part of infringing content?
When determining the liability of internet service providers in wallpaper-related copyright infringement cases, courts typically consider multiple factors. If a provider knowingly or should have known about copyright issues in third-party uploaded wallpapers but failed to take necessary measures—such as promptly removing or blocking the content, or promoting infringing wallpapers through features trending lists or recommendation systems—which thereby expanding their influence, they may be deemed as indirect infringers. Although indirect infringement may involve less subjective fault compared to direct infringement, it still requires the provider to bear corresponding legal responsibilities.
III. Compliance tips for wallpaper applications
In order to avoid infringement disputes and achieve sustainable development of wallpaper applications, app developers need to take a series of active and effective compliance measures.
First, it is crucial to establish a strict wallpaper source review mechanism. App developers should not rely solely on user uploads or random scraping from the internet, but instead set up dedicated teams or commission professional agencies to conduct copyright reviews for wallpapers intended for inclusion in their apps.
Secondly, establishing clear and well-defined licensing agreements with copyright holders serves as a crucial safeguard for legal usage. These contracts should explicitly outline key terms including scope of application, duration, geographical restrictions, and implementation methods, avoiding ambiguous or misleading language. Additionally, developers must carefully address payment terms and schedules for licensing fees, ensuring timely and full settlements to maintain constructive partnerships with copyright owners.
Furthermore, strengthening legal training for employees and enhancing copyright awareness serve as effective internal measures to prevent infringement. Proactively addressing infringement disputes through timely self-inspections and rectifications is crucial. When infringement allegations are received, immediately conduct a thorough review of the apps wallpaper content. If any infringing materials are identified, promptly remove them and cease distribution of related wallpapers.
In conclusion, legal compliance serves as the fundamental guarantee for wallpaper-based mobile applications to establish themselves and thrive in the fiercely competitive market. Only by giving high priority to copyright issues, establishing a robust copyright management system, and strengthening industry self-regulation can we achieve healthy and sustainable development of wallpaper apps. This approach not only provides users with higher-quality, lawful, and secure services but also actively contributes to the prosperity of the entire digital content industry.
