Own YourCode. Control Your Licenses.

It depends on how the code is used. GPL (copyleft) requires derivative works to be released under GPL. If a product incorporates GPL code, the entire codebase may need to be open-sourced. If the product merely uses a GPL tool in the build process or calls GPL code through an API, it might be fine. This analysis is highly fact-specific—incorrect assessment can result in forced open-sourcing or infringement claims.

Source code is typically protected as a trade secret. This requires treating it as confidential: proper NDAs, access controls, marking code as confidential, and having policies in place. Once disclosed without protection, trade secret status is lost. Copyright also applies but only protects expression (not functionality). Patents are possible but expensive and often impractical for pure software.

An IP assignment transfers ownership of intellectual property from the creator to a company. Without it, the creator may retain ownership. This matters for: code written before company formation, contractor work, and sometimes employee work. Investors and acquirers require clean IP ownership—missing assignments are among the most common issues in M&A due diligence.

Tools like FOSSA, Snyk, or Black Duck scan codebases for open source components and their licenses. But automated tools don't interpret what licenses mean for a specific business. Legal analysis identifies real risks (vs. false positives), develops compliance strategies for problematic licenses, and documents clean IP for investors.

Copyright exists automatically when code is written, but registration provides benefits: ability to sue for infringement, statutory damages, and attorney's fees. For most startups, the cost ($45-65 per work) isn't worth it for every version. Consider registering major releases or particularly valuable code. Trade secret protection is often more practical for the codebase as a whole.