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AGPLPATCH 2026.10.19

Can You Legally Clone an Open-Source App? Copyright, Licenses, and Attribution Explained

By VGSources Team 9 min read

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Usually, yes—but not simply because an app is “open source.” You may independently recreate its functionality, or copy and modify code under the exact license that covers it. Copyright still protects the original source code and other expressive material, while the license sets the permissions and conditions for reuse. A lawful clone requires a component-by-component review of code, dependencies, assets, branding, and the way you distribute or host the result.

What “clone” means legally

People use “clone” to describe several different projects, and the legal analysis changes with each one. A clean-room implementation studies what an app does and writes new code. A fork copies the repository and changes it. A visual remake may copy interface artwork, text, icons, screenshots, or documentation even when its underlying code is new.

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Copyright protects original expression embodied in a computer program. It does not protect abstract ideas, program logic, algorithms, systems, methods, concepts, or layouts as such. That boundary comes from the U.S. Copyright Office, but the result of a particular dispute remains fact-specific and jurisdiction-dependent. A similar feature list is not automatically infringement; copying source code or distinctive expressive assets can be.

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There is no safe “percentage of code” that you can copy. A small copied section can be significant if it is original and expressive, while a large amount of unprotectable functional material may require a different analysis. The practical question is which material you copied, under what license, and whether the license permits the way you plan to use it.

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Start with the repository’s exact license

“Open source” describes a permission model, not a waiver of copyright. An approved open-source license generally permits use, modification, and sharing, but only on its stated terms. Repositories can contain multiple licenses, exceptions, and components that are not covered by the top-level license.

  1. Open the LICENSE file. Record the exact license name and version, not just a label such as “GPL” or “Apache.”
  2. Inspect per-file notices. SPDX identifiers and copyright headers can show that individual files have different terms. Existing copyright notices should not be removed or rewritten.
  3. Inventory everything besides source code. List dependencies, generated code, build tools, images, icons, fonts, music, datasets, documentation, and hosted content separately.
  4. Read the operative clauses. Check attribution, patent, linking, exception, source-distribution, and notice requirements. The license text controls if a summary conflicts with it.
  5. Keep a copy of the exact upstream commit. Save the license files and record what you copied, what you rewrote, and what version you ship.

A project’s README or repository topic is not a substitute for the license. If no license is present, ordinary copyright rules generally apply: public availability lets people read the code, but does not by itself grant permission to copy, modify, or redistribute it.

Copyright: functionality versus expression

What you can usually reimplement

Features, workflows, game rules, data-processing goals, algorithms, and methods of operation are generally functional ideas. You can often create a compatible implementation by observing behavior and writing your own code, provided you do not copy protected expression or violate another legal right. For example, a new game can use the same broad scoring concept or network protocol while using original source, artwork, wording, and sound.

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What can create infringement risk

  • Source files, comments, distinctive code structure, and copied implementation details.
  • Original interface artwork, icons, character designs, animations, music, sound effects, and screenshots.
  • Creative text, tutorials, dialogue, documentation, and other written material.
  • Datasets or hosted content that have their own copyright, contract, privacy, or database rights.

A clean-room process can reduce evidence that code was copied, but it is not a legal guarantee. Keep design notes showing the independent implementation and have counsel assess borderline material before a significant commercial launch.

Permissive and copyleft licenses are different

Permissive licenses commonly allow commercial reuse, modification, and proprietary additions when their conditions are met. Copyleft licenses also allow modification and redistribution, but require covered downstream works to preserve specified freedoms. “Copyleft” is not one universal rule: GPL, LGPL, MPL, EPL, and AGPL differ in scope, linking treatment, and source obligations.

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Project approach Material used Main obligations when distributed Can proprietary additions remain closed? Network-service issue
Clean-room implementation New code based on observed functionality; no copied expressive assets Obligations come from your own dependencies and assets Usually, subject to each dependency’s license Review any network-sensitive dependency you add
Fork under a permissive license Upstream code modified under its license Retain copyright and license notices, include required license text, preserve disclaimers, and follow any NOTICE or attribution terms Often, if the license permits it and obligations are met Usually ordinary distribution rules apply, but dependencies may add conditions
GPL-based fork GPL-covered code and modifications Distribute covered derivatives under the GPL; provide the complete corresponding source for distributed binaries and required notices Not for code that forms part of the covered derivative; separate works require a careful analysis Hosting alone is not automatically distribution; architecture and copy transfer matter
AGPL-based fork AGPL-covered code and modifications GPL-style redistribution and source duties, plus the network-service source offer required by the AGPL when users interact with the covered software over a network Only where the license and work-separation analysis allow it Network use can trigger an offer of corresponding source to users

The table is a decision aid, not a substitute for reading the license. Linking, plugins, combined distributions, and exceptions can change the result.

Can you copy an open-source app and sell it?

Commercial use is commonly permitted by both permissive and copyleft licenses, but “sell” does not erase compliance duties. You may charge for a game or app, subscriptions, support, or a hosted service if the license allows the activity and you satisfy its conditions. A commercial distribution of a GPL binary, for example, still requires the corresponding source and the applicable license information.

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For a permissively licensed fork, selling a proprietary product may be possible after you preserve the required notices, license text, and disclaimers. Apache-2.0 practice commonly includes a copy of the license and consideration of a NOTICE file, with existing copyright, license, and disclaimer language retained. Patent provisions and attribution clauses also need review.

For a GPL fork, adding your own code does not let you distribute the covered derivative under a private license. The GPL’s copyleft condition generally requires the covered derivative to remain under the GPL. Whether a separate module is an independent work, a library link, a plugin, or part of one combined program is a technical and legal question.

What GPL distribution requires

When a copy is conveyed

GPLv3 treats propagation as including copying, distribution, making a work available to the public, and certain related activities. “Conveying” means propagation that enables another party to make or receive copies. Merely allowing network interaction without transferring a copy is treated differently under GPLv3, which is why a hosted deployment needs its own analysis.

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Corresponding source

If you distribute a GPL-covered binary, provide the complete corresponding source required by the license. It must match the shipped binary, including your modifications, build scripts, and interface-definition material covered by the source definition. Publishing only the unmodified upstream repository is not enough when your binary contains changes.

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Keep a reproducible record of the exact version shipped, the build inputs, and the location where users can obtain the source. Follow any written-offer or equivalent mechanism required by the applicable GPL version and distribution method.

Can you run a GPL or AGPL clone as SaaS?

“We only host it” is not a universal exemption. Ordinary GPL analysis asks whether users receive a copy or merely interact with a service. If your deployment sends a copy of the covered program to customers, distribution rules can apply. If users only invoke software on your servers, the GPL and the architecture may treat that differently.

AGPL adds a network-service condition: when users interact with covered software over a network, the license can require an offer of the corresponding source for the version running the service. Review the exact AGPL version, the user interaction, and any linking or plugin arrangement. A commercial SaaS launch should receive a software-license review before release, especially when the service includes modified GPL-family components.

Attribution and notices: what to ship

Attribution normally means preserving the original copyright and license notices, not merely naming the project in a marketing page. An SPDX identifier helps communicate which license applies to a component, but it does not replace copyright notices or the license text.

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  • Component inventory: component name, version, source location, SPDX identifier, copyright owners, and the license that actually applies.
  • License texts: include the full texts or a durable access method permitted by the license and your distribution channel.
  • NOTICE and attribution material: include required notices and the Apache-style NOTICE information where applicable.
  • Your changes: add your own copyright notice for original modifications without deleting upstream notices.
  • Copyleft source information: provide the exact corresponding source and any written offer or network-service source information required by the license.

Put these materials where users can find them: an in-app “Open source licenses” screen, a distribution package, a website, or another location allowed by the license. Keep the compliance record with the release so a later update does not lose the notices for an older version.

Names, logos, screenshots, and assets need separate clearance

Permission to copy code does not automatically grant permission to use the original app’s name, logo, mascot, screenshots, documentation, fonts, datasets, or hosted content. Trademark rights can restrict names and logos even when the underlying code is permissively licensed. Copyright or contract terms can separately restrict artwork, text, data, and fonts.

Choose a distinct product name and visual identity unless you have explicit permission. Replace screenshots and promotional copy with original material. Check every asset’s license and keep evidence of permission for anything supplied by a contributor, contractor, marketplace, or data provider.

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A practical pre-launch workflow

  1. Freeze the source reference. Save the upstream commit, all license files, and the date you obtained them.
  2. Map ownership. Identify upstream authors, your contributors, dependencies, generated files, and assets.
  3. Classify each component. Mark it as copied, modified, independently written, generated, or externally licensed.
  4. Analyze combination points. Review static and dynamic linking, plugins, bundled libraries, and any code delivered to users.
  5. Build the notice package. Prepare license texts, copyright notices, SPDX mappings, NOTICE content, and source-offer instructions.
  6. Build the source package. For GPL-family binaries, preserve the exact corresponding source, build scripts, and interface definitions required for the shipped version.
  7. Clear non-code rights. Review trademarks, logos, screenshots, documentation, data, fonts, music, and hosted content independently.
  8. Document the release. Keep the compliance files, build record, and user-facing access path with every version.
  9. Escalate unresolved issues. Obtain software-copyright counsel for ownership disputes, patent questions, license compatibility, mixed-license repositories, or a major commercial launch.

Common mistakes and how to correct them

“It is on a public repository, so I can copy it.”

Public visibility is not a license. Locate the exact license; if none exists, ask the copyright holder or write an independent implementation.

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“I changed enough lines, so the GPL no longer applies.”

Copyleft does not depend on a percentage of changed code. Determine whether your combined program is a covered derivative and follow the GPL’s redistribution terms.

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“The original source link is enough.”

For a modified binary, the source must correspond to what you shipped. Preserve your changes, build materials, notices, and the required delivery mechanism.

“A license covers the logo and screenshots too.”

Code, trademarks, artwork, text, data, and fonts can have different owners and terms. Clear each category separately and use original branding where permission is absent.

“SaaS means no open-source obligations.”

Determine whether users receive a copy and whether AGPL or another network-sensitive clause applies. Have the service architecture reviewed before launch when the answer is unclear.

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Bottom line for a lawful clone

You can legally clone an open-source app when you either implement its functionality independently or use its code exactly as the applicable license permits. The safest path is to preserve every required notice, provide source and license materials when distribution rules demand them, treat AGPL network use separately, and clear branding and non-code assets as their own rights. Because the outcome depends on the code, assets, architecture, license versions, and jurisdiction, a substantial commercial release deserves a lawyer’s review rather than a guess based on the phrase “open source.”

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