Consider this fairly common scenario: After supporting an open source project for a long time as a user, while intently following the work of the developers, you create your own code for the project. You notice an aspect of the code that you think could use a revision, so you download the source code from the nightly build repository. Then you write a patch for that revision. But can you add it to the project?

Remember, the source code of open source software projects is copyrighted work. The holders of the copyright can distribute their copyright work to their choosing, which includes licensing it in myriad fashions. Source codes are subjected to OSI-certified licenses. To contribute your patch to the project it would have to fall under the same license, which can be done in two ways: giving your code’s copyright to the project or appropriately licensing it for use in the project. Most likely, projects will follow one or the other.

But the capacity to do anything only rests with the copyright holder. Creating the code as an employee may exempt you from the status of copyright holder. This stipulation is stated in the terms of your employment. Consult your contract for information and abstain from using anything if the copyright holder isn’t established.

If you clarify that you are indeed the copyright holder then the code is your property and you have authority over how it is used. You can sign over the copyright or license it how you see fit. In the case that you are not, then you must be granted consent from the copyright holder for any use of their material. For the open source project, the consent of the copyright holder must then be explicitly stated. Either way, consent will need to be procured for your contribution to the project in the form of a contributor license agreement.