WotC Announces OGL 1.1 -- Revised Terms, Royalties, and Annual Revenue Reporting

There has been a lot of speculation recently about WotC's plans regarding the Open Gaming License and the upcoming One D&D. Today, WotC shared some information.

In short, they will be producing a new Open Gaming License (note that the previous OGL 1.0a will still exist, and can still be used). However, for those who use the new OGL 1.1, which will be released in early 2023, there will be some limitations added with regards the type of product which can use it, and -- possibly controversially -- reporting to WotC your annual OGL-related revenue.

They are also adding a royalty for those third party publishers who make more than $750K per year.

Interestingly, only books and 'static electronic files' like ebooks and PDFs will be compatible with the new OGL, meaning that apps, web pages, and the like will need to stick to the old OGL 1.0a.

There will, of course, be a lot of debate and speculation over what this actually means for third party creators, and how it will affect them. Some publishers like Paizo (for Pathfinder) and others will likely simply continue to use the old OGL. The OGL 1.0a allows WotC to update the license, but allows licensees to continue to use previous versions "to copy, modify and distribute any Open Game Content originally distributed under any version of this License".


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1. Will One D&D include an SRD/be covered by an OGL?

Yes. First, we’re designing One D&D with fifth edition backwards compatibility, so all existing creator content that is compatible with fifth edition will also be compatible with One D&D. Second, we will update the SRD for One D&D as we complete its development—development that is informed by the results of playtests that we’re conducting with hundreds of thousands of D&D players now.

2. Will the OGL terms change?

Yes. We will release version 1.1 of the OGL in early 2023.

The OGL needs an update to ensure that it keeps doing what it was intended to do—allow the D&D community’s independent creators to build and play and grow the game we all love—without allowing things like third-parties to mint D&D NFTs and large businesses to exploit our intellectual property.

So, what’s changing?

First, we’re making sure that OGL 1.1 is clear about what it covers and what it doesn’t. OGL 1.1 makes clear it only covers material created for use in or as TTRPGs, and those materials are only ever permitted as printed media or static electronic files (like epubs and PDFs). Other types of content, like videos and video games, are only possible through the Wizards of the Coast Fan Content Policy or a custom agreement with us. To clarify: Outside of printed media and static electronic files, the OGL doesn’t cover it.

Will this affect the D&D content and services players use today? It shouldn’t. The top VTT platforms already have custom agreements with Wizards to do what they do. D&D merchandise, like minis and novels, were never intended to be part of the OGL and OGL 1.1 won’t change that. Creators wishing to leverage D&D for those forms of expression will need, as they always have needed, custom agreements between us.

Second, we’re updating the OGL to offer different terms to creators who choose to make free, share-alike content and creators who want to sell their products.

What does this mean for you as a creator? If you’re making share-alike content, very little is going to change from what you’re already used to.

If you’re making commercial content, relatively little is going to change for most creators. For most of you who are selling custom content, here are the new things you’ll need to do:
  1. Accept the license terms and let us know what you’re offering for sale
  2. Report OGL-related revenue annually (if you make more than $50,000 in a year)
  3. Include a Creator Product badge on your work
When we roll out OGL 1.1, we will also provide explanatory videos, FAQs, and a web portal for registration to make navigating these requirements as easy and intuitive as possible. We’ll also have help available to creators to navigate the new process.

For the fewer than 20 creators worldwide who make more than $750,000 in income in a year, we will add a royalty starting in 2024. So, even for the creators making significant money selling D&D supplements and games, no royalties will be due for 2023 and all revenue below $750,000 in future years will be royalty-free.

Bottom line: The OGL is not going away. You will still be able to create new D&D content, publish it anywhere, and game with your friends and followers in all the ways that make this game and community so great. The thousands of creators publishing across Kickstarter, DMsGuild, and more are a critical part of the D&D experience, and we will continue to support and encourage them to do that through One D&D and beyond.
 

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I see a lot of "50 new magic items! 13 new subclasses! Get access to the NPC deck! Back this adventure path in which the BBEG are orientalized Egyptian gnolls, only $100!"

I'm sorry but go to exalted funeral and pick a product completely at random and it will have more soul and craft put into it than these 5e hustles.
There is a lot of creativity and innovation in the OSR space, for sure. But there is an equally large amount of derivitive crap, many also carrying forward those problematic tropes in fantasy literature and D&D. The genesis of the OSR was to create "clones" of D&D . . . can't get more derivative than that!

There is also a lot of creativity and innovation in the D&D 5E space as well, just as there was when D&D 3E was the current edition. Yes, there's a lot of crap, derivative, full of problematic tropes . . . .

The OSR movement is wonderful and worth paying attention to for amazing games and supplements, but it isn't superior to modern D&D in innovation, creativity, use of tropes, or any other metric other than perhaps personal taste.
 

I'm no lawyer, but if this loophole is usable, they could kill all the previous OGL 1.0a releases...
I do not think there is any case to be made that OGL 1.0A was not the "authorized version" for any content released under it. The only concern in my mind is about future content (not so much even for 5.5, but 6e and beyond could be increasingly more different).
 

Which is why I don't understand why anyone would sign onto a version of the license that is any more restrictive than the current one. You can copy material they publish for 1.1 and release it under 1.0, if I understand section 9 correctly.
Well, as I noted before, the current guess is that WotC will offer something (maybe more than one something) to sweeten the deal.
 





With DMsGuild, you have to hope the exposure more than doubles your sales. If it does, it's still a net win after you cough up 50% of the revenues. If not, you'd be better off under the OGL either on DriveThru or doing your own thing.
Unless you want to use WotC IP. That's another reason to use the Guild, and the most important one to me as a consumer.
 


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