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To the Left, to the Left:An Introduction to Copyleft and Open Source Software

Massy Vainshtein | March 03, 2021
8 min read

Introduction

Copyleft may sound like a dad joke, but it is more than just clever wordplay. Rather, it is a bold challenge to copyright law’s utilitarian theory that creation only happens when there is economic incentive to create. Copyleft, as its name suggests, is the flipside of that theory. It does not suggest that creators should not be paid for their work, but it does base its foundation on social contribution being enough of a reward for creation. There is much to digest in understanding the concept of copyleft and the guide below provides a basis for understanding it.

What is copyleft, and how did it originate?

The term “copyleft” was originally coined in 1976 by Li-Chen Wang, a computer engineer best known for Palo Alto Tiny BASIC, a dialect of programming language. Humorously, Wang included the following language with Tiny BASIC’s distribution notice: “COPYLEFT ALL WRONGS RESERVED.”

Copyleft rose in popularity around the 1980s as a result of the GNU Project, which developed GNU, a free computer operating system. The system allows computer users to collaboratively develop and publish software that gives everyone the right to freely run, copy, distribute, study and modify software. To encourage use and support of GNU, the GNU Manifesto was published in 1985. The term “copyleft” was featured as the centerpiece of the Manifesto, introducing the term “copyleft” into the free software movement lexicon. According to the GNU Project, copyleft is the method by which a program (and other forms of creation) can become free; not free of cost but free to run, copy, distribute, study, and modify. Notably, each time a user redistributes a copyleft protected program, the next user automatically receives a license from each original licensor to copy, distribute or modify the program subject to the conditions of the original copyleft license.

The Free Software Foundation (FSF) was an early non-profit founded to support free software (or open-source software). FSF originally published the GNU licenses and continues to maintain the Free Software Definition which embody the copyleft freedoms. Published by FSF, the Free Software Definition defines free software as software that ensures the end users have freedom in (0) using, (1) studying, (2) sharing and (3) modifying (and distributing the modified and derivatives of) that software. Copyleft aims to obtain and guarantee freedoms for software users. It also eliminates “wasteful” duplication of system programming, forcing users to create programming from scratch, the effort of which can be redirected to further advancing technology.

Practically, copyleft rejects proprietary software, software that is copyrighted and protected by its publisher, vendor, or developer. Owners of proprietary software limit the way in which software is used, distributed, and modified. They also impose restrictions on cooperation between users of the software.

Also worth noting: open-source software has significant overlaps with the free software movement. Open source is defined as a type of computer software in which source code is released under a license that grants users the rights to use, study, change, and distribute the software. Many do not distinguish between open-source and free software.

What are the types of copyleft licenses?

There are various copyleft licenses available, offering varying degrees of protection and license grants. The most well-known license with copyleft attributes include the GNU General Public License (GPL) and the Creative Commons share-alike license (CC-BY-SA). As far as software copyleft licenses are concerned, the GPL is the most widely-used of the software copyleft licenses. The Creative Commons (CC) License, on the other hand, is a public copyright license that enables the free distribution of other copyrighted work. It was released by Creative Commons, a U.S. non-profit corporation and is appropriate for educational resources, music, photographs, databases, government and public sector information, and many other types of material. Creative Commons discourages using their license for software programs.

Notably, one of the most well-known utilizers of copyleft licenses is the non-profit Wikimedia Foundation, host of Wikipedia. Though originally using the GNU Free Documentation License, Wikipedia switched to the CC license as it is designed for creative works in general and not just software manuals. Currently, Wikipedia is covered by the CC BY-SA, which gives freedoms for non-commercial and commercial use.

How do you use Copyleft?

A copyright owner may offer to license a work under a copyleft license, but may not revoke a licensee’s rights once licensed absent termination of the license due to violation by the licensee (such as if the licensee utilizes the work in a way not expressly authorized by a copyleft license). Though there can be new versions of the license included in the work, the initial license may not be revoked. If unauthorized use occurs, the copyright owner can pursue an infringement action under copyright law.

GNU License

According to GNU, in order to use one of its copyleft licenses for software, there are several steps to follow:

  • If you do not have a copyright in the work, get a copyright disclaimer from your employer or school.
    • A copyright disclaimer protects the individual seeking a GNU license by ensuring that the company or institution will not claim the copyrighted work and prevent its release.
  • Include a copyright notice and the year in which the software was released.
    • This can be accomplished with the wording “Copyright [year when release was finished]”. The copyright symbol  “©”  may be used in place of the word “Copyright.”
  • Include a copy of the license itself somewhere in the distribution of your program
    • GNU advises that all programs released under any of its licenses should include a text version of its license, labeled as “COPYING”. The text version of individual licenses can be found on its website.
  • Put a license notice in each file.
    • GNU advises that a copying permission statement or License Notice should be included in each software file, following the copyright notice. This ensures that the license gives certain rights to all users of a program. The rights given to
      users are described here.

Depending on the type of license that an individual is seeking, more steps may be required. Copyleft license types include the GNU Lesser General Public License, which is typically used for libraries that have features which are readily available for proprietary software through other libraries. GNU also provides the Affero GPL. This license is used if an individual runs a modified program on a server and lets other users communicate with it there. That server must also allow users to download the source code corresponding to the modified version.

Creative Commons License

The process for a CC license is slightly different. In order to apply a CC license to a work, it must have an existing copyright. Works that are in the public domain are ineligible for a CC license. Once a license is applied to the material, it can no longer be revoked so long as the material is copyrighted.

Although you cannot monetize a work from the CC license itself, you can still sell your work with an existing CC license. One example is Warbreaker, a fantasy novel authored by Brandon Sanderson. Readers can purchase paperback and hardcover copies of the book online. In addition to this, Sanderson published drafts and various working versions of his novel on his website under a CC BY-NC-ND, which allows users to copy and distribute the material in any medium or format in unadapted form, for noncommercial purposes, and only so long as attribution is given to the creator.

Creative Commons provides 6 different license options. It is important to note that not all CC licenses are copyleft. For example, share-alike (SA) is akin to copyleft principles, but the clauses with limitations on commercial use (NC) or creation of derivative works (ND) may not be considered in the same spirit as true copyleft. The different types of CC licenses are described below:

 

CC BY

Allows reusers to distribute, remix, adapt, and build upon the material in any medium or format, so long as credit is given to the creator. The license allows for commercial use.

CC BY-SA

Allows reusers to distribute, remix, adapt, and build upon the material in any medium or format, so long as credit is given to the creator. The license allows for commercial use. Adaptations to the material must be shared under the same terms.

CC BY-NC

Allows reusers to distribute, remix, adapt, and build upon the material in any medium or format for noncommercial purposes only, and only so long as credit is given to the creator.

CC BY-NC-SA

Allows reusers to distribute, remix, adapt, and build upon the material in any medium or format for noncommercial purposes only, and only so long as credit is given to the creator. Adaptations to the material must be shared under the same terms.

CC BY-ND

Allows reusers to copy and distribute the material in any medium or format in unadapted form only, and only so long as credit is given to the creator. The license allows for commercial use.

CC BY-NC-ND

Allows reusers to copy and distribute the material in any medium or format in unadapted form only, for noncommercial purposes only, and only so long as attribution is given to the creator.

CC0

Allows creators to give up their copyright and put their works into the worldwide public domain. CC0 allows reusers to distribute, remix, adapt, and build upon the material in any medium or format, with no conditions.

A great example of this is Open Access the Met, which allows access to more than 375,000 images of artworks from the museum’s collection to use, share, and remix without restriction.

The Creative Commons website provides a helpful step-by-step guide for choosing a license. Similar to the GNU, Creative Commons suggests including a copyright notice with the date of release of the work, followed by a license notice of your choosing. An example provided by the organization includes © 2019. This work is licensed under a CC BY 4.0 license. An individual can also embed an HTML code on their website to include information about the chosen license.  

How have GPL’s and CC’s been successfully used?

One example of a successful GPL includes Blender, a free and open-source 3D computer graphics software tool set used for creating animated films, visual effects, art, 3D printed models, motion graphics, interactive 3D applications, virtual reality, and computer games. The company was able to open-source the code after enough crowdfunding. Since the opening of its source code, community members have implemented upgrades, including developments made by Google’s Summer of Code program. Blender’s software was utilized in the production of the 2009 animated film, The Secret of Kells, which was nominated for an Oscar in the category “Best Animated Feature Film.”

If your client is interested in utilizing a copyleft license, you may want to inquire as to the following:

  1. Does your client have a copyright on the work? If the answer is yes, then a copyleft license can be used. If the answer is no, a copyleft license is not for them.

  2. What is the nature of your client’s work? Is it software or is it another form of creative work?

    1. If your client’s work is software, you may find a software copyleft license might be appropriate. The GNU Project provides a step-to-step guide on using one of their software licenses.

    2. If your client’s work is in the nature of other creative work, you may find that the Creative Commons license is more applicable. The organization provides a step-to-step guide here.

  3. Next, you may want to ask what kind of uses your client wants to authorize. For example, perhaps your client is uninterested in having their work distributed for commercial purposes. Consult with your client to see what uses they’re comfortable with. This will guide you on choosing the correct type of license depending on the restrictions your client wants to impose.

Finally, you may want to inform your client about the effect of placing a copyleft license on their work. For example, a copyleft license may not be revoked, but it may be terminated if someone uses the work beyond the license’s scope. You may also want to inform your client that a copyleft license does not terminate your client’s copyright and that if they choose they may still seek to enforce their rights through infringement action.

Conclusion

Though copyleft may not directly incentivize creation, it does create a collaborative environment among creators that allows them to continue the progress of art and science. With the existence of copyleft, creators do not have to go through the expensive process of accessing proprietary licenses or wait a lifetime for the work to enter the public domain.

Special thanks to Mitesh Patel for his consultation on this article.

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