I have previously written a lot of code that is hosted on a public repo on GitHub, but it never had a license. It was written as part of my work while working for a non-commercial academic entity, and I would like to add a license before the link to the repo will be included in something that will be made public, potentially attracting one or two visitors.
This leaves me with a couple of questions:
- Can I just add a license after the fact and it will be valid for all prior work?
- Do I have to make sure the license is included in all branches of the repo, or does this not matter? There are for instance a couple of branches that are used to freeze the state of code at a certain time for reproducibility’s sake (I know this could be solved in a better way, but that’s how it is).
- I have myself reused some of the code in my current work for a commercial entity (internal analysis work, only distributed within the organization). Should this influence the type of license I choose? I am considering a GPL-license, but should I go with (what I believe to be) a more permissive license like MIT because of this?
Wow, thanks a lot for this thorough answer. I see I need to dust off the old employment contract and see what it says - I’ve had an assumption that any ownership my previous employer has pertains only to any discovery that could be commercialized through patents and spin-offs - this is not that. This work is academic research, and I was required to make any publication openly accessible (with CC-licenses) due to how the work was funded, and this code base contains all the analysis tools that underpin these publications.
Interesting. I wonder if this code would fall under the license of the publication then? The blurry line between documentation licenses and software licenses is usually when I stop and go ask my wife :-)
In general, If you did work for your employer they own the code. You may wish to just ask them, maybe they are fine with adding a license.
If you didn’t write it for them, during “work hours” or using their resources then you may own the code. Some employment contracts will claim that they own everything you wrote while employed for them but that may not be legal in some jurisdictions.