OGL/PI question

Kerrick · Dec 22, 2005

Say I have a bunch of spells created by Artifax the mage. Of course, since he made them, they've all got his name on them - Artifax' flaming wings, Artifax' spheres of doom, Artifax' lightning burst, etc. Now, I put them into a product, but I have a problem - I want to keep Artifax PI, but I also want to make the spells OGC without doing the crippled content route. Is there a way to say that "Artifax is PI, but you can use his name in these spells only"?

trancejeremy · Dec 22, 2005

IANAL, but you would need to come up with a separate license to let people use that name.

BryonD · Dec 22, 2005

trancejeremy said:
IANAL,

Me too.

but you would need to come up with a separate license to let people use that name.

I think it would be pretty simple. Just clearly state that the names are IP (its IP BTW). Then simply put in a statement that you don't mind anyone who uses your OGC to use the names so long as they respect your IP and pass this clarification on. Of course there would be the danger of somebody down the line screwing it up and it would be hard to undo at that point. But with the trickle of re-used OGC anyway, it doesn't seem a big threat. It just depends on what you think it is worth.

Do you think the name actually has any value to lose?

You could also just list an IP name and then follow that with an OGC name. Wouldn't let other's use the proper name, but is better if you want to err on the side of retaining it.

Mark CMG · Dec 22, 2005

Kerrick said:
Say I have a bunch of spells created by Artifax the mage. Of course, since he made them, they've all got his name on them - Artifax' flaming wings, Artifax' spheres of doom, Artifax' lightning burst, etc. Now, I put them into a product, but I have a problem - I want to keep Artifax PI, but I also want to make the spells OGC without doing the crippled content route. Is there a way to say that "Artifax is PI, but you can use his name in these spells only"?

Not as such. Besides, the word "crippled" is too often used to mean "Someone won't let me use their PI" rather than it meaning that the mechanics are actually harmed in any way. I'd suggest that you name them without and add a parenthetical at the end of the spell description that says something like, "In the World of Kerrick campaign setting, this spell is commonly called, 'Artifax's Supository (or whatever)'" so that you avoid all of the problems from the get-go. I mean, seriously. What's the friggin point, anyway? Do you want to protect the name or not? You really have to decide what it is YOU want and get off the fence so you don't wind up screwin yourself over somehow.

Pinotage · Dec 22, 2005

BryonD said:
Just clearly state that the names are IP (its IP BTW).

IP is Intelectual Property. PI is Product Identity. Under the OGL PI is the term to use, although PI is IP as well.

Pinotage

BryonD · Dec 22, 2005

Pinotage said:
IP is Intelectual Property. PI is Product Identity. Under the OGL PI is the term to use, although PI is IP as well.

Pinotage

Ah, my bad then. :heh:

HalWhitewyrm · Dec 22, 2005

Kerrick said:
Is there a way to say that "Artifax is PI, but you can use his name in these spells only"?

Yes, I've seen it used on Scarred Lands products and on Arcanis products. What happens is that you declare your PI and OGC then include a general license for the use of the PI subject to a specific set of circumstances which you then delineate.

In practice, it works like this:
In your PI declaration, you state that "Artifax" is PI to you.
In your OGC declaration you state that, subject to the PI declaration, the spells are open game content.
Then you state that you grant permission to use the PI name "Artifax" only in relation to the name of the OGC spells declared in your product, so for example, someone using your OGC could indeed reprint the spell "Artifax's Spheres of Doom" without a problem, but could not use the name "Artifax" anywhere else in the product.

To provide an actual example, here is the OGC, PI and Limited License declarations from Paradigm Concepts' Players Guide to Arcanis, which follows the model above.
Note: The text of the first two sections below appears as one paragraph of text in the actual book. I am breaking it into two sections for clarity only, thus the division is mine, not the book's.

The PI Declaration

Players Guide to Arcanis said:
DESIGNATION OF OPEN CONTENT:
Regardless of placement within this publication, all art and narrative fiction is CLOSED CONTENT.

Regardless of placement within this publication, the following terms are CLOSED CONTENT: Arcanis, Onara, the World of Shattered Empires, the slogan ‘Leave Your Mark Upon the Shattered Empires’, the tag line ‘Mortals Stumble in Darkness; Heroes Light the Way’, Anshar, Althares, Belisarda, Beltine, Cadic, Kassegore, Illir, Hurrian, Nier, Sarish, Neroth, Umor, Larissa, Yarris, Saluwe, Coryan, Coryani, Milandir, Milandisian, Canceri, Elorii, Solanos Mor, Nol Dappa, Tultipet, Bealak Gempor, Deneki, Tir Bertoq, Encali, Ymandragore, Altheria, Ssethragore, Malfelen, Entaris, Seremas, Elonbe, Eltheleos, Khitani Empire, Ying hir, Skohir, Pengic, Kio, Kion, Undir, Voei, Grand Coryan, Old Coryan, Savonna, Sulpecci, Abbessios, Toranesta, Myrantia, Ardekene, Kelekene, Ossalikene, Marokene, Berokene, Valentia, Enpybn, Salantis, Illonia, Balantica, Cafela, Garundi, Ghauma, Magra, Nishanpur, Vrain, Hunder, Ventaka, Ashoka, Arkoshia, Kielmun, Lowach, Sobuk, Ashvan, Vulgast, Naeraanth, Yerrvak, Boskowitz, Treslau, Tralia, Lustia, Sylvania, Moratavia, Faervalden, Faerdlau, Mil Takara, Censure, Erduk, Sicaris, val’Assante, val’Abebi, val’Sheem, val’Borda, val’Mehan, val’Ossan, val’Sungha, val’Bausciz, val’Haupt, val’Sosi, val’Dellenov, val’Emman, val’Holryn, val’Inares, val’Ishi, val’Tensen, val’Virdan, val’Trisin, The Azure Way, The Hawk, The Shield, The Twilight Bough, the Emerald Society, the Mourners in Silence, the Orthodoxy, the Order of the White Veil, the Voiceless Ones, Capharra, Lillyfel, Uggur, Blackwand, Nerrothian, Sarishan, Nierite, Hurrianic, Illirite, Ss’ressen, Ssanu.

Regardless of placement within this publication, any mention of any other company’s trademark or title of work is CLOSED CONTENT.

All text of the Introduction, Chapter One, Chapter Nine and Chapter Ten is CLOSED CONTENT. All CLOSED CONTENT except any mention of any other company’s trademark or title of work is Product Identity (PI) of Paradigm Concepts, Inc. and may not be used in any form without permission

The OGC Declaration:

Players Guide to Arcanis said:
The following chapters contain OPEN CONTENT:
Chapter Two – Races: All racial traits are OPEN CONTENT; all other text is CLOSED CONTENT.
Chapter Three – Base Classes: Except as indicated above all text in the prestige classes beginning with the word “Requirements” until the very last of the “Class Features” and all text in the base classes beginning with the word “Requirements” until the very last of the “Class Features” is OPEN CONTENT.
Chapter Four – Skills: Except as indicated above and the contents of table 4-7 and 4-8, all text is OPEN CONTENT.
Chapter Five – Feats: Except as indicated above and the contents of table 5-4, all text is OPEN CONTENT.
Chapter Six – Prestige Classes: Except as indicated above all text in the prestige classes beginning with the word “Requirements” until the very last of the “Class Features” is OPEN CONTENT.
Chapter Seven - Weapons and Equipment: Except as indicated above, all text is OPEN CONTENT.
Chapter Eight – Magic: Except as noted above and the names of spells, holy champion classes and bloodline powers, all text is OPEN CONTENT.
Appendix: Except as noted above, all text is OPEN CONTENT.

Limited License for Use of PI

Players Guide to Arcanis said:
LIMITED LICENSE FOR THE USE OF PRODUCT IDENTITY(PI)
Paradigm Concepts, Inc. hereby grants royalty-free limited license to use the Arcanis specific PI elements which appear in the names of Spells, Feats or Bloodline Powers contained in this book in OGL publications. Use of PI elements is restricted to using those PI elements in the Spell Name, Feat Name, Magic Item Name or Bloodline Power name and for no other use.
EXAMPLE: The Bloodline Power name "Cadic Guides My Hand" may be used to apply to the Bloodline Power "Cadic Guides My Hand" even though the name "Cadic" remains PI of Paradigm Concepts, Inc. From this example alone, the name "Cadic" cannot be used in any other way except where it appears as part of the name of the Bloodline Power "Cadic Guides My Hand." Any publication making use of such PI must bear a notice declaring 1) the Feat, Spell or Bloodline Power name is reserved Product Identity and 2) the Feat, Spell or Bloodline Power name is copyright 2004 Paradigm Concepts, Inc.

Kerrick · Dec 22, 2005

Do you think the name actually has any value to lose?

Yes. The names (there are multiple characters) are iconics of the campaign world; many of them are former PCs.

Yes, I've seen it used on Scarred Lands products and on Arcanis products. What happens is that you declare your PI and OGC then include a general license for the use of the PI subject to a specific set of circumstances which you then delineate.

Wow... THAT'S an OGC declaration. It's a shame more publishers don't do it like that. Thanks for the examples - it was a big help.

HalWhitewyrm · Dec 22, 2005

The OGL is very specific in requiring a clear designation of OGC and PI elements.

Glad I could be of help.

OGL/PI question

Kerrick

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trancejeremy

Adventurer

BryonD

Hero

Mark CMG

Creative Mountain Games

Pinotage

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BryonD

Hero

HalWhitewyrm

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Kerrick

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HalWhitewyrm

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