How to rebrand/copyright a forked project (GNU/GPL)?

Question

long story short, we're forking a free software. The code is under GNU/GPL license, we've tried to collaborate with the original developer but without success. We're improving the software adding a lot of features and unlikely our code will be merged in the original one.

We want to call the new project with a new name, use the same license of course and change the copyright notice in every file.

I know it should be allowed by the GNU/GPL to modify the code and redistribuite but here some questions:

1. Is it OK to change the project name? (I guess yes)
2. Is is OK to add our copyright notice and remove the original or we should just add our and leave the original copyright notice?
3. We have to leave the reference to the old project in the code? (In the header he asks to make a reference to his project/website in case of fork. I guess it's just a suggestion and we could not do it, right?)

Solution 1

1. Sure. In fact, not changing it at least a little would imply it's the original project, which is a bad idea.

2. You can't remove copyright notices. Add yours on top.

3. Why do you want to remove the reference to the old project? It's a suggestion, but removing it would be impolite and potentially misleading. The Open Source/Free Software communities value correct attribution.

Solution 2

1. Yes
2. Add your copyright, and a Portions (c) [whomever]
3. Might as well. People are going to know anyway, but unless he made it part of the license I don't think it's enforceable.

4. I don't know. Do they?

5. Talk to a lawyer

Solution 3

• Your forked project is no longer the old project so you would have to change the name.

• Your new project is derived project from a GPL license so new licence must be the same or compatible with the GPL.

• It seems like the right thing to do.

• Clearly or darkly?

Comments

[Aldo 'xoen' Giambelluca]

2. So I have to leave the old copyright notice? Are you sure? 3. OK, so we could remove it (of course we'll credit the original author)

[Robert]

@xoen - You absolutely have to leave the copyright notice, else you're claiming authorship of code you didn't write. Linux is just as copyrighted as Justin Bieber's latest "music" - the license is what gives you the rights, but it doesn't (and can't) transfer ownership.

[Aldo 'xoen' Giambelluca]

@Robert so we fork that project, and in every file above the row with the old copyright notice we add our copyright notice. This way we share the ownership with the "old" author, right? And what about global copyright/ownership?

[Robert]

@xoen - Everyone owns the code they write unless there's another contract that states "if you submit code to us, you transfer copyright to us" (the FSF has one for GNU). So it's under any of many copyrights. These rights allow the enforcement of the GPL, since distribution of the code is conditioned on the acceptance of the license. So the GPL relies on copyright - it can't change it. The upshot is, it's still their code - but the license allows you to use it the way you are. And you should really talk to a lawyer if you're talking about the project I think you are.

[Aldo 'xoen' Giambelluca]

@Robert: OK, so we change the name of the project (also in the "copying permission statement") and add our copyright notice before the old one (only in the old files, not in the files we added to the project). This should be OK. - And what about the "global" copyright of the entire project? or the copyright of files almost completely changed? - BTW thank you for yours answers.

[Robert]

@xoen - There isn't really a global copyright... since the project's actual code is the creative work (though the project as a whole could be patented...). You can't copyright an album, but the artwork, lyrics, and music are. If you don't modify a file, you don't need your copyright notice, but I don't think you'd be at fault for putting one saying "portions" if you did it automated. But you really really should be talking to a lawyer about these questions, because I can't give you a reasonable assurance that you won't get sued into the ground for listening to me.

[Ben]

@xoen: The thing about copyright is that it doesn't care about code, projects, etc. Copyright protects documents. From the point of view of copyright law, each source file is a document. You require a licence to do anything with a copyrighted document. But if don't copy any of the documents (or any part of any of them) in a project, the there's nothing for copyright to protect, and so there's no way for there to be a copyright on a project as a whole. But I am not a lawyer either; the only way to be sure if to talk to one.