Can I get paid to develop an open source project without being considered a manufacturer?
Yes, you can get paid to develop an open source project without being considered a manufacturer under the CRA.
The CRA distinguishes between being paid for the software (monetisation) and being paid to work on the software (development funding). Receiving payment to develop or maintain an open source project does not, by itself, make you a manufacturer. As Recital 18 clarifies, "the mere circumstances under which the product with digital elements has been developed, or how the development has been financed, should therefore not be taken into account when determining the commercial or non-commercial nature of that activity."
This means that various common funding arrangements do not trigger manufacturer status:
- Employment or contracting: Being hired or contracted to work on an open source project does not make you a manufacturer—your employer or client may have obligations, but you as a paid developer do not.
- Grants and sponsorships: Receiving grants, sponsorships, or foundation funding to support development work does not constitute monetisation of the software itself.
- Donations for living expenses: A natural person receiving donations that cover reasonable living expenses and development costs is not considered to be monetising the project.
What does make someone a manufacturer is monetising the software itself—for example, by charging for access to the software, selling paid support services that exceed cost recovery, or using the software as a platform to monetise other services.
For more information on what constitutes monetisation, see Am I subject to the CRA if I earn a living from the open source project I maintain?. For details on how contributions affect CRA status, see Am I subject to the CRA if I only contribute to an open source project?.
Disclaimer
Disclaimer: The information contained in this FAQ is of a general nature only and is not intended to address the specific circumstances of any particular individual or entity. It is not necessarily comprehensive, complete, accurate, or up to date. It does not constitute professional or legal advice. If you need specific advice, you should consult a suitably qualified professional.