Forking GPL project: Do I have full rights on the new fork or still dependencies with the original owner(s)

gpl

I am considering the creation of a fork to a small project licensed under GPLv2, and I have some very specific questions I did not manage to answer in my research on various sites and forums.

When I fork the code, I am forced to release the new project under the same license (GPL) as I will do, but could I also decide to release it under a dual license, one of them commercial?

When forking the project, do I automatically own the copyright of the whole thing? This is relevant when, for example, deciding a future change in the license, or to be able to enforce the GPL license to a 3rd party

Best Answer

The short answer: When you fork an existing project, you generally do not have permission to change the license nor do you get copyright on the code you copied over.

You do have the copyright on any (nontrivial) modifications or additions that you make.


The long answer:

The only ways to get copyright on a piece of code is by writing it yourself or by contractually getting the copyright assigned to you. This means that forking an existing project doesn't change the copyrights on the code of either the original project or the fork.

The only people who can change a copyright license are the holders of that copyright. If there are multiple copyright holders to the code of a project, then all copyright holders must agree to a change in the copyright license. This means that you don't have permission to change the license of your fork (not even to dual license it), unless the existing copyright license explicitly gives you the right to sublicense the code.

Related Topic