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How to Report Unauthorized Use of Your Open-Source Code and Request Attribution or Removal

Learn how to document suspected open-source license violations, confirm ownership and permissions, contact the user, choose the right reporting channel, and request attribution, correction, source, or removal without overstating your legal rights.
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Start by preserving the evidence, identifying the exact license and copyright owner, and comparing the original expressive code with the allegedly reused files. Open-source publication does not waive license conditions, but a missing notice is not automatically copyright infringement. If the material is on GitHub and the facts support a copyright claim, use GitHub’s copyright claims process with precise URLs, files or lines, ownership information, required statements, and a remedy that matches the problem. For suspected GPL, AGPL, or LGPL noncompliance, use Software Freedom Conservancy’s compliance channel instead of treating a DMCA notice as the only option.

The sequence below helps you seek a correction or removal without overstating your rights or exposing yourself to avoidable procedural and legal risk.

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What counts as unauthorized use?

“Open source” describes how code is licensed, not a permission to copy it without conditions. The license attached to the copied files controls what others may do, subject to any additional permission, dual license, contributor agreement, or other authorization. A user may be allowed to copy, modify, and distribute the code while still being required to preserve notices, provide source, or license modifications under specified terms.

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Before calling conduct infringement, separate three questions:

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  • Is there literal copying of copyrightable expression? Similar functionality, APIs, algorithms, file names, or project architecture may be technically similar without being copied expression.
  • Did the governing license permit this use? Read the license for the particular files and the way the user used and distributed them.
  • Are you the owner or an authorized representative? A repository owner may not own every contribution in the repository.

GitHub cautions that code can be used consistently with an open-source license and that each use can raise separate copyright or fair-use questions. Its Guide to Submitting a DMCA Takedown Notice says, “We can only accept DMCA takedown notices for works that are protected by copyright, and that identify a specific copyrightable work.” If ownership, protectability, fair use, license interpretation, or likely consequences are uncertain, obtain advice from a qualified lawyer before sending a sworn complaint.

1. Preserve evidence before contacting anyone

Pages change, branches are force-pushed, packages are republished, and access can disappear. Make a contemporaneous record before sending a message that might prompt the other party to alter the material.

Capture the original project

  • Record the canonical project URL, repository owner, and the relevant branch, tag, release, package, or product.
  • Save the exact license text and version, copyright headers, NOTICE file, README attribution, and contributor or dual-licensing information that applied when the code was published.
  • Note commit hashes, release dates, and the history showing when the relevant code entered the project.
  • Keep a local copy of the files and a dated export or screenshot that preserves the visible context.

Capture the reported use

  • Record every URL for the repository, package registry, documentation page, downloadable archive, or distributed product where the code appears.
  • Identify the exact files, line ranges, commits, releases, or binary component at issue. Do not describe an entire repository as infringing when only a module or a few lines are involved.
  • Save the version or commit identifier and the date you observed it.
  • Preserve any missing, altered, or misleading license and attribution notices.

Compare expression, not just behavior

Prepare a side-by-side comparison showing distinctive code, comments, formatting, unusual variable names, ordering, or other expressive details that correspond. Similar output or behavior alone may result from independent implementation, a standard technique, or functional elements that copyright does not protect. Explain why the comparison indicates copying of the particular work rather than merely solving the same engineering problem.

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Build an authorship record

Use version-control history, commit records, signed releases, contribution agreements, and other provenance documents to determine who wrote the disputed material. Collaborative history can be incomplete. Copyright notices help identify a project and its notices, while revision-control records can help trace individual contributions; neither automatically proves that a repository owner owns every line. If several contributors wrote the code, obtain their authorization or determine which rights you personally hold before filing.

2. Verify the license and every possible permission

Read the license attached to the copied files

Do not infer obligations from a project’s name or from the license of an unrelated dependency. Check the license file, file headers, SPDX identifiers, package metadata, and any directory-specific terms. Confirm the version and whether a later release changed the terms.

Check for additional authorization

  • Dual licensing may give the user a commercial or alternative license that does not appear in the public repository.
  • A contributor, employer, customer, or project maintainer may have granted a written permission or sublicense.
  • Downstream projects may have retained notices in another file or fulfilled a source-provision requirement outside the page you inspected.
  • Terms of service, a contract, or a settlement may govern a particular use.

Record these possibilities before alleging that a use is unauthorized. GitHub recommends investigating authorization and considering fair use before filing a copyright notice.

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Use the exact license, not a generic expectation

Requirements vary sharply among permissive and copyleft licenses. For example, Apache License 2.0 requires a copy of the license to accompany distributed derivative works, notices on modified files, and retention of relevant notices from the source. Where the original work has a NOTICE file, the license specifies how applicable attribution notices are to be included in a readable form. That example does not establish the requirements of MIT, BSD, GPL, AGPL, LGPL, or any other license; apply the terms that actually govern the files.

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Distinguish a license breach from a copyright claim

A failure to provide source or preserve a notice may be a license-compliance issue. A DMCA notice, by contrast, asserts infringement of an identified copyright and asks a host to disable or remove material. Some license breaches may support termination or other remedies, while some missing notices may be curable without removing the code. Explain the specific obligation and the evidence for it instead of treating every compliance defect as automatic infringement.

3. Contact the user when a direct correction is practical

GitHub says, “A great first step before sending us a takedown notice is to try contacting the user directly.” Direct contact is encouraged, not required. It can resolve a genuine misunderstanding faster and may let the user add the required text without a public dispute.

What to include

  • The original project and the exact license version.
  • The reported repository, product, package, or page, with precise files, lines, commits, or releases.
  • A short explanation of the corresponding expressive code and the notice or license term that appears to be missing or altered.
  • A practical compliance option, such as adding the license and attribution, restoring a NOTICE entry, publishing corresponding source, replacing identified files, or removing a specified component.
  • A reasonable date for a response and a request that the recipient preserve the relevant version while the issue is reviewed.

Keep your message factual and professional. Do not threaten criminal action, damages, or a lawsuit that you are not prepared or authorized to pursue. Save the sent message, delivery record, replies, and any changes made afterward. If the recipient disputes ownership or presents a permission, update your assessment rather than escalating automatically.

Short direct-contact template

Subject: License and attribution issue in [project or product]

Identify the original work, link to the relevant license and notice files, identify the exact reported files or lines, describe the matching code, and state the requested correction. Give the recipient a clear way to respond. Keep variable text inside your own message; do not send a template with unexplained placeholders.

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4. Select the reporting channel that fits the issue

Situation Appropriate route What the route addresses Important qualification
Copyright concern involving material hosted on GitHub GitHub copyright claims form or [email protected] A notice alleging infringement of a specific copyrightable work and identifying the material and URLs GitHub checks minimum notice requirements and process steps; it does not decide the entire legal merits for you.
Suspected GPL, AGPL, or LGPL compliance problem Software Freedom Conservancy at [email protected] Copyleft compliance, including failures to provide required corresponding source Use the applicable product’s source-offer instructions first when an offer to provide Complete, Corresponding Source exists.
Trademark misuse on GitHub GitHub’s trademark reporting process Unauthorized trademark use A copyright notice is not a catch-all for trademark disputes.
Private-information issue on GitHub GitHub’s private-information reporting process Exposure of qualifying personal or private information Use the category that matches the actual harm.
Material on another host or distributed in another jurisdiction The host’s current reporting channel and, where needed, local legal advice The host’s own rules and the law governing the dispute GitHub’s procedure and U.S. DMCA timing do not automatically apply.

5. Preparing a GitHub copyright notice

Use GitHub’s copyright claims form when the facts support a copyright allegation involving material hosted on GitHub. The guide also lists [email protected]. A complete submission should make it possible to identify the work, the disputed material, the person or organization filing, and the remedy sought.

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Information to assemble

  1. The copyrighted work. Describe the original code and provide the project location, license, relevant notices, and the portions for which you own or control rights.
  2. The complained-of material. Provide each GitHub URL. If less than a repository is involved, identify the exact files, line ranges, commits, releases, or other precise locations.
  3. The comparison. Explain how the reported material corresponds to the original expressive code. Separate copied expression from functional ideas or general behavior.
  4. The requested remedy. State whether adding notices, modifying identified files, replacing code, or disabling the material would resolve the concern, and why that remedy follows from the facts and license.
  5. Your contact information. Supply the information GitHub requires so it can communicate with you and the affected user.
  6. The alleged user, if known. Identify the account or organization associated with the material.
  7. Required statements and signature. Include the good-faith statement, the statement made under penalty of perjury, and a physical or electronic signature required by the process.

Review every assertion before submitting. GitHub describes a DMCA notice as a serious complaint and warns of legal consequences for deliberate misrepresentation. A notice should identify a specific copyrightable work and a specific location, not merely state that a project “looks copied.”

Make the requested remedy proportionate

If adding a license and attribution would cure the documented breach, say so. If only a named file contains copied expression, request action limited to that file or line range where possible. If distribution of the identified material cannot be corrected without removal, explain why disabling the material is necessary. A narrower, evidence-based request lets the affected user understand what correction is needed and avoids implying that unrelated content must disappear.

6. What happens after a GitHub notice?

Initial review

GitHub reviews whether a submission meets its minimum requirements. The parties and their lawyers remain responsible for assessing the merits. GitHub says it generally exercises little discretion beyond those procedural requirements; submitting a notice does not guarantee that material will be removed or that your legal position will prevail.

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Forwarding and public posting

Complete actionable notices are forwarded to the affected user and publicly posted after personal information is redacted. Assume that your filing and the dispute may become visible. Provide only information necessary for the claim, and understand that redaction does not make a notice private.

Correction opportunity and disabling

Depending on the circumstances, GitHub’s process may give the user an opportunity to modify specified material. Content can be disabled when the process requirements are met and the issue is not corrected. The platform’s action is procedural; it is not a ruling that every legal allegation is correct.

Counter notice

A user who believes removal resulted from a mistake or misidentification can submit a counter notice. Under GitHub’s described process, if a valid counter notice is received, the claimant must provide notice of a court action seeking to restrain the user within 10–14 days or the disabled content will be re-enabled. Verify the current policy before relying on that timing. Sending the original notice or deciding whether to pursue court action calls for legal advice when the stakes are significant.

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7. Reporting GPL, AGPL, or LGPL compliance concerns

Software Freedom Conservancy accepts reports of suspected copyleft noncompliance at [email protected]. This route is distinct from a GitHub copyright complaint. It is appropriate when the central issue is failure to follow a GPL-family condition, such as not providing required corresponding source, rather than unauthorized copying of a specifically identified copyrightable work.

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Information that helps Conservancy evaluate a report

  • The product name, vendor, version, and where it was obtained.
  • The GPL, AGPL, or LGPL components you believe are included.
  • The applicable license texts, notices, source references, and any written offer for Complete, Corresponding Source.
  • Your requests for source or compliance information and the responses, including evasive or incomplete replies.
  • Copies of the distributed object code, installation media, or other evidence showing what was shipped.

When a product includes an offer to provide Complete, Corresponding Source, follow the instructions in that offer and document whether the provider fails to deliver or avoids the request. Do not substitute a DMCA allegation for a copyleft-compliance report when the evidence and requested remedy concern source provision or license conditions.

8. Reporting issues outside GitHub

Other hosts may use different forms, evidence requirements, notice publication practices, and counter-notice rules. Countries also differ on copyright exceptions, moral rights, notice-and-takedown systems, and who may send a complaint. Find the host’s current policy for the actual jurisdiction and preserve the same evidence package: original work, governing license, exact reported locations, ownership authority, comparison, correspondence, and requested remedy.

If the material is distributed in a product rather than hosted in a public repository, identify the distributor, version, and method of distribution. A host may be unable to remove code already shipped to customers, so a request might instead seek a corrected release, source offer, replacement component, or updated notices. Legal advice is particularly important where multiple countries, employers, contributors, or contracts are involved.

9. Common mistakes that weaken a report

  • Assuming every missing attribution is infringement. The governing license, ownership, protectability, use, and jurisdiction still matter.
  • Reporting an entire repository without narrowing the claim. Identify the actual files, lines, commits, or releases.
  • Comparing only functionality. Show copied expressive code, not merely equivalent output or architecture.
  • Ignoring permissions or dual licenses. Search contributor agreements, written grants, sublicenses, and downstream notices.
  • Filing a DMCA notice for a trademark or privacy dispute. Use the reporting category that matches the issue.
  • Submitting before confirming authority. A project can contain many authors; establish your rights or authorization.
  • Using an excessive remedy. Ask for the smallest correction that resolves the documented problem, or explain why removal is necessary.
  • Making unsupported threats. State what you know, what you request, and what process you are invoking.
  • Assuming a platform decision proves the merits. Host review of notice requirements is not a final judicial determination.
  • Sending mass or automated notices. Each complaint should be individually investigated and tailored to the material and license involved.

10. Evidence and submission checklist

Before sending a request or notice, confirm that your file contains:

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  • The original project link, exact license version, and applicable NOTICE or attribution files.
  • Each reported repository, package, product, or page link.
  • Exact files, line ranges, commits, release versions, or distributed components at issue.
  • A side-by-side explanation of corresponding expressive code and missing or altered terms.
  • Relevant permission, dual-license, contributor, contract, contact, and response history.
  • The remedy requested and the reason it would resolve the identified issue.
  • Evidence that you own the relevant right or are authorized to act for its owner.
  • Dated copies of the material and correspondence.
  • A decision about whether public posting, counter-notice exposure, or possible litigation is acceptable.

11. A decision framework for choosing attribution, correction, or removal

Ask for attribution or notice restoration when

The license permits the underlying use but requires preserved notices, license text, or other attribution, and the user can cure the defect without changing the code. Identify the exact text and placement needed. Do not demand removal merely because the project name or branding is unfamiliar.

Ask for source or license compliance when

The issue concerns a GPL-family obligation, such as a missing corresponding-source offer, or another license condition that can be fulfilled through documentation or distribution changes. Use the appropriate compliance route and explain the condition precisely.

Ask for modification or replacement when

A particular file or line contains copied expression and replacing that portion would resolve the concern while leaving independent material intact. Give the affected user a clear boundary for the requested change.

Ask for removal or disabling when

The identified material is not authorized, the reported use is not covered by a license or other permission, and a narrower correction cannot adequately resolve the claim. Explain the factual and legal basis for seeking removal and be prepared for the host’s notice and counter-notice procedures.

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12. When to obtain legal advice

Consult counsel before filing when ownership is divided among contributors, the code’s copyrightability is uncertain, a fair-use or other exception may apply, the license has conflicting versions or unusual terms, the material is commercially important, a counter notice is likely, or you may need to decide whether to bring court action. A lawyer can also help distinguish a contract or license dispute from a copyright claim and assess the consequences of the statements required in a DMCA notice.

For a straightforward, well-documented notice-restoration request, a direct message may be enough. For a sworn takedown notice or a dispute spanning employers, contributors, products, or countries, treat the process as a legal step rather than a routine support ticket.

Frequently Asked Questions

Can I report a repository just because it has no attribution to my project?

Not automatically. First verify the license, ownership, any additional permission, and whether the use copied protected expression. Some licenses require notices; others differ, and a missing notice may call for correction rather than removal.

Is a GitHub DMCA notice the right way to report a GPL source-code violation?

Usually not when the core issue is copyleft compliance, such as failure to provide corresponding source. Software Freedom Conservancy accepts reports at [email protected]; use the product’s source-offer instructions and document your requests first.

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Will GitHub decide whether my infringement allegation is legally correct?

GitHub reviews whether a notice meets procedural requirements and may disable material under its policy. The parties and their lawyers assess the merits; platform action is not a final court determination.

What should I do if the other party sends a counter notice?

Check the current GitHub policy immediately and obtain legal advice. Under the described process, a valid counter notice can require notice of a court action within 10–14 days to prevent re-enablement, subject to the policy in force at the time.

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