D&D 5E Lacking a license, what constitutes fair use?

[delericho]

If I were to release this, I wouldn't be doing so for money. It's quite clearly a derivative work - making money from it would require a proper commercial license.

As I understand it, you don't need to (intend to) make money from something for it to be copyright infringement.

The third-party products thus far have released using the OGL, and have made sure to stick within the bounds of what can be derived from the existing (3e) SRDs (plus, presumably, references to plain-text rules terms like 'advantage' and 'challenge'). But you should really consult a professional before going down that route. (In general, though, I suspect the OGL-ish route is your best bet if you want to play it 'safe'. Thus far, I haven't seen any indications that WotC are going to oppose such efforts - though that might just be because they've not noticed yet.)

Fair Use for most part allows you to do things like, "Compatible with D&D ™ 5th Edition", so there's no need for what some people do ("Compatible with the 5th edition of your favorite fantasy game").

While this is true, as I understand it one of the terms of the OGL is specifically that you don't make specific claims of compatibility. So while in general you can do as you say, you can't if you're using the OGL - by using the license you agree not to do so.

But it's a very long time since I looked at that, so I might be mis-remembering - could be the d20 license that did that.

 

[Redthistle]

I expect that WotC will eventually produce an online 5e version of the Monster Builder that currently exists for 4e. Whether or not that will require paying a subscription we won't know until its release.

In the meantime (as a non-lawyer) my simple, face-value interpretation of the (any race) information in the templates means that we can use the NPC template and race information to create a race-specific NPC as fair use as long as we do not distribute the means of doing so to others.

For my own use, I made a .pdf doc (not a spreadsheet; I'm still transitioning from "quill-&-parchment" to app-competent) listing the various basic race stats and NPC templates. When I need a particular race/NPC combination, I copy/paste the combo I need onto a separate page, make the needed adjustments; and print the result out for the game session.

I think this meets fair use parameters; if I'm mistaken please let me know.

 

[Mistwell]

On the whole, rule systems can't be copyrighted. This is why there are six million Monoploly clones out there. As long as they use different artwork and call it something like Star Wars-Opoly they are safe.

Psst. All those clones? Have you noticed the name of the company putting them out? Go ahead, check. This should be fun.

Yes, that's right. All the Monopoly clones are either from Hasbro (the IP owner) or licensed by Hasbro (the IP owner).

Oh, and here is what happens when you try and make a clone of Monopoly without a Hasbro license.

Just one more example of what I said earlier - do not trust legal advice from random anonymous strangers on the Internet.

 

[Sacrosanct]

While this is true, as I understand it one of the terms of the OGL is specifically that you don't make specific claims of compatibility. So while in general you can do as you say, you can't if you're using the OGL - by using the license you agree not to do so.

But it's a very long time since I looked at that, so I might be mis-remembering - could be the d20 license that did that.

If I recall, you're right. Which is why in some cases, it's better to not use the OGL at all and be subject to that license, depending on what sort of content you're putting out.

 

[Paraxis]

There are already some helpful web based tools I use.

5e Spell Index http://salty-ridge-7989.herokuapp.com/

5e Monster Index http://kobold.club/fight/#/encounter-builder

5e Sage Advice http://thesageadvice.wordpress.com/

5e Quick Reference http://dnd.andreasavancini.com/

The last one is the only one that seems questionable to me, the others don't reproduce any mechanics, and I think the Sage Advice is semi official.

But sure would love something that automaticly added templates to monsters, like changing race, adding class levels and such.

 

[arjomanes]

There are a couple important distinctions. If you use the OGL in any way, you have to follow the OGL rules. I think this means you cannot use the term "D&D" or DM. This is why no one says "compatible with xe D&D. The OGL forbids it. Kobold Press published 4e compatible content using the OGL. The retro clones publishe 0e, 1e, and 2e compatible content using the OGL. Necromancer Games and Goodman Games published 5e compatible content using the OGL. So there is certainly a way to do it if you don't violate copyright or trade dress.

 

[mcbobbo]

Going back to your original question - if it was me I would share the tools but not the data. Let them bring their own data, and I expect this will be easy for them as early as 2015.

 

[Quartz]

This being a U.K. based message board, I do not believe that Fair Use applies for content here. So it wouldn't apply to you as a U.K. developer.

 

[aramis erak]

This being a U.K. based message board, I do not believe that Fair Use applies for content here. So it wouldn't apply to you as a U.K. developer.

The UK has a Fair Use provision...
http://www.copyrightservice.co.uk/copyright/p09_fair_use

 

[Umbran]

This being a U.K. based message board...

The owner is in the UK. The servers are in the US.