Collaborative coding environment with code merging to form a unified structure.

Copyright Conundrums in Open Source: Are We All Just Joint Authors?

Lena Kashyap in Law & Justice June 2025 • 4 min read.

"Unraveling the complexities of authorship and licensing in collaborative coding projects. Is joint authorship the key to the future of free software?"

The world of free and open-source software (FOSS) thrives on collaboration. Developers from around the globe contribute to projects, building and refining code together. But this collaborative spirit raises complex questions about copyright ownership. Who owns what, and what rights do contributors have? The traditional view holds that each contributor owns the copyright to their individual contributions, creating a patchwork of ownership. But what if there's another way to look at it?

This article explores the theory of joint authorship in FOSS projects, suggesting that the entire project could be considered a single, integrated work co-owned by all contributors. This perspective challenges conventional wisdom and has the potential to simplify licensing, encourage collaboration, and prevent copyright disputes. Prepare to dive deep into the legal intricacies of FOSS and explore a radical new framework for understanding copyright.

We'll examine the current understanding of copyright in FOSS, dissect the theory of joint authorship, and weigh the potential benefits and drawbacks of this approach. By the end, you'll have a comprehensive understanding of the legal landscape surrounding collaborative software development and a fresh perspective on the future of FOSS.

Understanding the Current Copyright Landscape in Open Source

Collaborative coding environment with code merging to form a unified structure.

Currently, the prevalent belief is that every contributor to a free and open-source software project retains copyright ownership over their specific contributions. This model operates under the assumption that the project code is created through a sequence of individual contributions, each owned separately. The system can be seen as a series of derivative works, where each addition builds upon the previous ones, but remains distinct in terms of copyright.

However, this widely accepted theory introduces several challenges:

Defining a "Work": Determining the precise boundaries of a copyrightable contribution can be difficult. Is it a few lines of code, an entire function, or a larger module?
The Licensing Gap: Ensuring that all contributors grant the necessary licenses for their code to be used and distributed can be problematic, especially in projects without formal contributor agreements. How do you ensure everyone's on board?
Enforcement Difficulties: With fragmented ownership, enforcing the project's license becomes complex. Who has the right to sue for infringement, and what portion of the code is covered?

These challenges highlight the need for alternative frameworks for understanding copyright in FOSS. Joint authorship offers one such framework, providing a potentially more streamlined and collaborative approach.

The Future of Copyright in Open Source

The debate surrounding copyright ownership in free and open-source software is far from settled. As the FOSS community continues to evolve, it's crucial to critically examine existing assumptions and explore alternative frameworks. Joint authorship offers a compelling vision for the future, one that embraces collaboration, simplifies licensing, and empowers developers to build innovative software together. The legal community should engage in this conversation and propose new avenues for research.

About this Article -

This article was crafted using a human-AI hybrid and collaborative approach. AI assisted our team with initial drafting, research insights, identifying key questions, and image generation. Our human editors guided topic selection, defined the angle, structured the content, ensured factual accuracy and relevance, refined the tone, and conducted thorough editing to deliver helpful, high-quality information.See our About page for more information.

This article is based on research published under:

DOI-LINK: 10.2139/ssrn.2999185, Alternate LINK

Title: A Theory Of Joint Authorship For Free And Open Source Software Projects

Journal: SSRN Electronic Journal

Publisher: Elsevier BV

Authors: Pamela S Chestek

Published: 2017-01-01

Everything You Need To Know

What is the current understanding of copyright ownership in free and open-source software (FOSS) projects, and how does it differ from the proposed joint authorship approach?

Currently, the prevailing view is that each contributor to a free and open-source software project owns the copyright to their specific contributions. This traditional model assumes the project is built from individual, separately owned pieces of code, leading to a patchwork of ownership. This can create complexities, especially when ensuring everyone grants the necessary licenses. It is different from the joint authorship approach, where the entire project is considered a single, integrated work co-owned by all contributors.

What does the theory of joint authorship propose in the context of free and open-source software (FOSS) projects, and what are its potential implications?

Joint authorship in FOSS projects suggests that the entire project could be seen as a single, integrated work co-owned by all contributors. This contrasts with the conventional view of fragmented ownership where each contributor owns their specific contribution. The implications of joint authorship include simplifying licensing, encouraging collaboration, and preventing copyright disputes. However, it also introduces questions about individual control and the rights of each author.

What are some of the challenges associated with the current copyright landscape in free and open-source software (FOSS)?

The challenges associated with the current copyright landscape in FOSS includes defining the precise boundaries of a copyrightable contribution, securing the necessary licenses from all contributors (the "licensing gap"), and enforcing the project's license due to fragmented ownership. These challenges can complicate the legal aspects of FOSS projects, particularly in the absence of formal contributor agreements.

How might the enforcement of a FOSS project's license be affected if the project operates under joint authorship versus the traditional fragmented copyright model?

If a FOSS project operates under joint authorship, enforcing the project’s license may become more streamlined. Under joint authorship all contributors co-own the copyright; therefore, any one of the authors can act to enforce the copyright. By contrast, in the standard fragmented copyright landscape it can be difficult to determine who has the right to sue for infringement, and what portion of the code they can act on.

How does the theory of joint authorship have the potential to simplify licensing in free and open-source software (FOSS) projects compared to the individual authorship model?

The theory of joint authorship has the potential to simplify licensing because it treats the project as a single, integrated work. This means that all contributors would effectively grant a license collectively. While the individual authorship model relies on each contributor licensing their individual contributions, often creating a complex web of agreements, the joint authorship model eliminates the licensing gap by co-owning the project copyright.