More Questions About OGL / D20 STL

[Tellerian Hawke]

Ok, I have a copy of the Open Gaming License V1.0A, and a copy of the D20 System License V6.0.

QUESTION ONE: Are these the latest versions of these licenses? If not, what versions do I need, and where do I get them?

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Ok, now on to more musings:

Any original content that I contribute and/or designate as "Open Gaming" is my intellectual property and copyrighted; I get that. I can then go put it in a PDF file and sell it on RPG NOW or elsewhere, charging xx dollars for each download. Great.

However, I noticed in one of the PDFs I purchased that it bore a notice: "DESIGNATION OF OPEN CONTENT: SUBJECT TO THE PRODUCT IDENTITY DESIGNATION ABOVE, ALL TEXT IN THIS VOLUME IS RELEASED AS OPEN GAME CONTENT. YES, THAT MEANS EVERYTHING FROM THE TABLE OF CONTENTS TO THE INDEX - CUT AND PASTE TO YOUR HEART’S CONTENT."

Which brings me to QUESTION TWO: Does that mean that they can cut and paste for personal use only, once they've bought their copy? Or does it mean that a person can pay their 2 dollars (or whatever the cost is) and download the PDF, and then proceed to cut and paste the entire contents on their public webpage, for everyone to see and use? It would seem that if your original material is copyrighted, then the cut and paste thing would be for non-public, personal use only. But if I am wrong, please tell me, and explain why.

All I want to do is to create good adventure materials for D&D 3.x, and to be able to sell them for a small, reasonable amount, so as to be compensated for the time it took to create it. I'm not trying to get rich or anything. And the stuff I end up selling isn't going to cost very much money. But if I could sell enough copies of my stuff to be able to buy my kids some cool Christmas presents, that'd be really neat.

Ok, now on to QUESTION THREE: It says we can't indicate compatibility with D&D 3rd Edition (or any other edition for that matter); But I have seen OGL stuff that does exactly that. The Swords & Sorcery Creature Collection, for example, does exactly that. It says something to the effect of "For Use With D&D 3rd Edition Rules." Some supplements say something like: "Requires the use of D&D 3rd Edition rules, available from Wizards of The Coast." --- So what's the deal? What CAN we say? What CAN'T we say? Can I get some clarification?

Thanks in advance for all the help, guys. I appreciate it!

 

[Morrus]

I'll slip this over to the publishing business forum for you!

 

[delericho]

Ok, I have a copy of the Open Gaming License V1.0A, and a copy of the D20 System License V6.0.

QUESTION ONE: Are these the latest versions of these licenses? If not, what versions do I need, and where do I get them?

I don't know if those are the latest versions. Two things to note, though:

1) The OGL explicitly allows you to use any version, so you don't need to use the latest.

2) The d20 license has long since been cancelled. Don't use it.

[/B]Ok, now on to QUESTION THREE: It says we can't indicate compatibility with D&D 3rd Edition (or any other edition for that matter); But I have seen OGL stuff that does exactly that. The Swords & Sorcery Creature Collection, for example, does exactly that. It says something to the effect of "For Use With D&D 3rd Edition Rules."

The two licenses have (had) different rules. In particular, the d20 license required you to indicate that it needed the PHB for use, while the OGL didn't permit a statement of compatibility (but see below).

The Sword & Sorcery stuff was released under the d20 license, which is why it says it requires the use of the PHB. As I said above, that route is now closed to you.

Some supplements say something like: "Requires the use of D&D 3rd Edition rules, available from Wizards of The Coast." --- So what's the deal? What CAN we say? What CAN'T we say? Can I get some clarification?

The standard workaround is to say "For use with the Third Edition of the World's Best-known RPG", or "For use with Fifth Edition", or similar. Basically, any form of words that doesn't include "Dungeons and Dragons" is pretty much okay - that's a loophole in the license. (And, because you can use any version, it's a loophole that WotC can't close.)

But... as with all threads of this sort, I have to note that I am not a lawyer, and neither am I a publisher of third party materials (or anything else, actually). So I'd recommend at least checking with someone more knowledgeable.

 

[Morrus]

Ok, I have a copy of the Open Gaming License V1.0A, and a copy of the D20 System License V6.0.

QUESTION ONE: Are these the latest versions of these licenses? If not, what versions do I need, and where do I get them?

As mentioned above, the d20 System Trademark License was rescinded years ago. You can't use it, or the d20 trademark logo. That said, the logo has no value these days anyway, so you're not missing anything. The OGL is still valid, and cannot be rescinded.

Which brings me to QUESTION TWO: Does that mean that they can cut and paste for personal use only, once they've bought their copy? Or does it mean that a person can pay their 2 dollars (or whatever the cost is) and download the PDF, and then proceed to cut and paste the entire contents on their public webpage, for everyone to see and use? It would seem that if your original material is copyrighted, then the cut and paste thing would be for non-public, personal use only. But if I am wrong, please tell me, and explain why.

If you designated it as Open Gaming Content, then it's open. Anybody can do anything they like with it, for free or for profit, subject to the terms of the OGL. If you don't designate it as OGC, then it's not open.

That's what designating stuff as OGC means. If you don't want people to use it in that way, don't designate it as Open Gaming Content.

Ok, now on to QUESTION THREE: It says we can't indicate compatibility with D&D 3rd Edition (or any other edition for that matter); But I have seen OGL stuff that does exactly that. The Swords & Sorcery Creature Collection, for example, does exactly that. It says something to the effect of "For Use With D&D 3rd Edition Rules." Some supplements say something like: "Requires the use of D&D 3rd Edition rules, available from Wizards of The Coast." --- So what's the deal? What CAN we say? What CAN'T we say? Can I get some clarification?

The d20 STL indicated how you were able to show compatibility. That license is no longer valid. The OGL says that you can only use trademarks you have permission for.

That's basically it. The OGL says only use trademarks you have permission for; the d20 SRD which gave you that permission and described how you should do so is no longer vaid; ergo if you use the OGL you cannot directly indicate compatibility.

You therefore have three choices:

1) Don't use the OGL. You are then not restricted by it. You can indicate compatibility, but you'd best know your copyright/trademark law.

2) Use the OGL and obliquely indicate compatibility in some way.

3) Just use the Pathfinder license instead, which makes it far easier for you!

 

[Tellerian Hawke]

If you designated it as Open Gaming Content, then it's open. Anybody can do anything they like with it, for free or for profit, subject to the terms of the OGL. If you don't designate it as OGC, then it's not open. That's what designating stuff as OGC means. If you don't want people to use it in that way, don't designate it as Open Gaming Content.

Ok, so if I understand you correctly:

A) I could, for example, publish my "house rules" (which are game mechanics / methodology to begin with, and not copyrightable in the first place) and designate those as OGC.

B) In the same vein, I could publish my unique epic-level spells, and designate the Character Names as Product Identity, but designate the spells themselves as OGC. Thus, I could publish a copy of "Ellis Kvar's Prudent Ward," and designate "Ellis Kvar" as Product Identity, but the spell itself would be OGC, and you can feel free to cut / copy / paste the spell into your own materials, even to the point of renaming it to suit your needs. (e.g., You could rename it "Oliver Blackbladder's Prudent Ward of Greatness," and that would be perfectly fine.)

C) I could also publish a campaign setting, with original maps, characters, places, events, histories, deities, etc. and ALL OF THAT STUFF would be Product Identity, but I could designate the stat blocks as OGC; that way, if I create a character named "King Norbinvar" and make him a 13th level Paladin, and proceed to list his stats and his history, I could designate the name (Norbinvar) and the unique history behind him (names of places, people, events, etc.), and the name of his spiffy sword (let's call it, "Orczapper") as Product Identity, but you could feel free to copy his game stats, rename him, and rename his spiffy sword, and then copy / cut / paste that stuff all over the place. (Thus, you could have King Blondebeard, a 13th level paladin, with the exact same stats, and a sword that kills orcs by the name of "Orcbegone," and you're good to go.) If Norbinvar had an evil brother Slagbeer, who killed his (Norbinvar's) wife, Lissette, and her ghost now roams The Vostmir Swamp in search of vengeance, all of these proper names and places would be Product Identity.

But where do you draw the line? How much re-naming of people, places, and events can occur under OGL? I was taught in school that simply changing proper names, but copying or paraphrasing someone's story, is still plagiarism. Does the OGL allow someone to look at my stuff, go through and change the names / places / events, draw a few new maps, and then sell it as their own?

 

[Morrus]

Pretty much, yes, to all.

And yes, the OGL allows somebody to use anything of yours in any way they wish that you have designated as OGC. Just like you could go and publish the entirety of WotC's SRD yourself (and some folks actually have done exactly that - both in the form of online SRDS, as PDFs, and in the form of printed books).

If you choose to designate something as open gaming content, it's forever open gaming content, available for anybody to do with as they wish. You have given them explicit permission to republish it, rewrite it, copy it, use it, incorporate it, put it on a hot air balloon, make a movie out of it, as long as they're using the Open Gaming License, too. Just like you can with their open gaming content.

So don't designate anything as open gaming content you don't want used in that way.

 

[Tellerian Hawke]

P.S.

Can I designate something as OGC, under the condition that a copyright notice is displayed? i.e., you can cut / copy / paste "Ellis Kvar's Prudent Ward" as much as you want, as long as you display a notice at the end of it saying, "Ellis Kvar is Product Identity of GreatGameWorks, Ltd. and is used with permission. The content of this spell is Open Gaming Content, and may be distributed freely." ?

 

[Morrus]

No. You can't put conditions on OGC. It's all pretty clearly spelled out in the license: "No terms may be added to or subtracted from this License except as described by the License itself. No other terms or conditions may be applied to any Open Game Content distributed using this License."

And no, it's not plagiarised - it's licensed. Used with permission, which you gave by designating it as OGC.

 

[delericho]

A) I could, for example, publish my "house rules" (which are game mechanics / methodology to begin with, and not copyrightable in the first place) and designate those as OGC.

Yes.

B) In the same vein, I could publish my unique epic-level spells, and designate the Character Names as Product Identity, but designate the spells themselves as OGC. Thus, I could publish a copy of "Ellis Kvar's Prudent Ward," and designate "Ellis Kvar" as Product Identity, but the spell itself would be OGC

Yes, but please don't do that. For spells, magic items and the like, it vastly reduces their utility if the name is made Product Identity. It's therefore preferable if you provide a name that you're happy to make OGC - "Prudent Ward" instead of "Ellis Kvar's Prudent Ward".

C) I could also publish a campaign setting, with original maps, characters, places, events, histories, deities, etc. and ALL OF THAT STUFF would be Product Identity, but I could designate the stat blocks as OGC;

Yes.

(Also, what I've said above about keeping spell names OGC obviously doesn't apply to character names!)

But where do you draw the line? How much re-naming of people, places, and events can occur under OGL? I was taught in school that simply changing proper names, but copying or paraphrasing someone's story, is still plagiarism. Does the OGL allow someone to look at my stuff, go through and change the names / places / events, draw a few new maps, and then sell it as their own?

No. The OGL allows the reuse of material that has been designated as Open Game Content. Anything you declare as Product Identity remains protected - the same protections would apply as if you hadn't used the OGL at all.

Can I designate something as OGC, under the condition that a copyright notice is displayed?

I don't think so, at least not in the form you're suggesting. However, one of the conditions of the OGL is that if you do use any material, it needs to be properly credited in Section 14. So you probably wouldn't get an explicit credit for "Ellis Kvar", but you would get a credit for "Kvar's World by Tellerian Hawke Publishing", or whatever.

I may be wrong about this, of course.

 

[Tellerian Hawke]

No. You can't put conditions on OGC. It's all pretty clearly spelled out in the license: "No terms may be added to or subtracted from this License except as described by the License itself. No other terms or conditions may be applied to any Open Game Content distributed using this License."

And no, it's not plagiarised - it's licensed. Used with permission, which you gave by designating it as OGC.

Thank you, kind sir, you just put a light bulb above my head!

So all I need to do is say that all of the game mechanics / methodology is open content, and all of the stories, character names, artwork, place names, and event names are not.

So basically, if I don't want people making generic versions of my campaign world, then I just need to say that it's not open content.