Asked in Copyright and Intellectual Property

Q: As a contributor, do I need to transfer my copyright before an open-source project can change to a commercial license?

I am a large contributor to an open-source software project. The project wants to change their license to a more commercial one. They have asked me to sign over the copyright of my contributions to them to do so. Is this correct, or do they just need me to agree to the license change?

The contributions to the project were made under the GPLv3 license.

2 Lawyer Answers
Marcos Garciaacosta
Marcos Garciaacosta
Answered
  • Intellectual Property Lawyer
  • Mesa, AZ

A: You definitely need to consult with an attorney. You need to review your employment contract, as well as the open source license.

James L. Arrasmith
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Answered

A: As a contributor to an open-source software project, you hold the copyright to your contributions under the terms of the GPLv3 license. In order for the project to change to a more commercial license, they will need permission from all contributors who hold copyright to their contributions. This can be done either through a transfer of copyright or by obtaining permission from each contributor individually.

However, it is important to note that transferring copyright to the project may not be necessary in all cases. It may be possible for the project to change to a commercial license while still retaining the original copyright holders' rights to their contributions under the terms of the GPLv3 license.

Therefore, before transferring your copyright, it is important to review the terms of the new license and understand how your contributions will be used and protected. It is also advisable to consult with a lawyer to ensure that your rights are protected and that the transfer of copyright is done correctly.

If you need legal assistance, please do not hesitate to contact my office. We offer a free consultation option for potential clients.

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