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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But the OGL 1.0 is ALREADY authorized. It's done. And if OGL 1.1 is released, presumably it'll be authorized as well.

That is nice and all, but this is starting to feel like the jump from 3.0 to 3.5. They were supposed to be backward-compatible also, but as soon as 3.5 was out, sales started to tank for anything 3.0 from 3PPs. That will happen again when the revised rules tied to the new OGL come out in 2024. People will want stuff they don't have to adjust or fix before they can use it, so all that old 5E stuff using the old OGL will just die off. Note, I am talking about stuff published to use with the Core Books, not stuff with their own setting/rules that use the OGL as a basis.
 

That is nice and all, but this is starting to feel like the jump from 3.0 to 3.5. They were supposed to be backward-compatible also, but as soon as 3.5 was out, sales started to tank for anything 3.0 from 3PPs. That will happen again when the revised rules tied to the new OGL come out in 2024. People will want stuff they don't have to adjust or fix before they can use it, so all that old 5E stuff using the old OGL will just die off. Note, I am talking about stuff published to use with the Core Books, not stuff with their own setting/rules that use the OGL as a basis.
I don't think that's the same thing as what we're talking about here, though. You're right that once 3.5 was announced, 3.0 was seen as obsolete. But while that might be the case for 1D&D and 5E, that's a separate consideration from the OGL v1.1, because (presuming we're all reading it right), Section 9 of the OGL v1.0 and v1.0a will allow for the 1D&D SRD to be used with those older iterations of the OGL. So publishers will be able to put out 1D&D-compatible material without using the new version of the license.
 

Because it's going to be "the current edition." And if you want to keep up with that, to have the latest/most compatible version of the game, you'll have no choice. Otherwise, you're publishing a retroclone.
Unless 1D&D is very different when it's published than what we've seen so far, you could definitely publish something compatible with it under the prior OGL. The number of customers who will notice or care can be counted on fingers of one hand.
 

I kinda agree with you in spirit, but the big ocean effect of "current" version of D&D will eventually leave us behind.

Kinda reminds me of all the 1E AD&D players sticking to their guns with their edition when 2 and 3 came along.
Perfectly viable, fun, and sustainable for a local group.

NEVER gonna maintain the numbers of a current version. IMO.
No, I think there is a good chance you are right and this will assign some of us to an OGL 1.0a backwater. There is, however a small chance that enough of the ecosystem will stay OGL 1.0a that we will keep a critical mass of players on 5E. Man this makes me mad, I mostly liked the One DnD stuff, but I won't touch it now.
 

No, I think there is a good chance you are right and this will assign some of us to an OGL 1.0a backwater. There is, however a small chance that enough of the ecosystem will stay OGL 1.0a that we will keep a critical mass of players on 5E. Man this makes me mad, I mostly liked the One DnD stuff, but I won't touch it now.
Well, at least wait to see what the actual license is before making a rash decision.
Keep in mind that everything being written here right now is speculation based on a PR about a license that won't be released for another couple months.
 

I don't think that's the same thing as what we're talking about here, though. You're right that once 3.5 was announced, 3.0 was seen as obsolete. But while that might be the case for 1D&D and 5E, that's a separate consideration from the OGL v1.1, because (presuming we're all reading it right), Section 9 of the OGL v1.0 and v1.0a will allow for the 1D&D SRD to be used with those older iterations of the OGL. So publishers will be able to put out 1D&D-compatible material without using the new version of the license.
I don't think your assumption that OGL 1.0a would apply to new material released under 1.1 can hold just because of some clause in 1.0a. The new stuff will just be released under a license that doesn't have the "any version" clause any more, and that will be that, it will break porting stuff.
 


I don't think your assumption that OGL 1.0a would apply to new material released under 1.1 can hold just because of some clause in 1.0a. The new stuff will just be released under a license that doesn't have the "any version" clause any more, and that will be that, it will break porting stuff.
If the new stuff is released under an iteration of the Open Game License (which is what WotC's press release is making it sound like, calling it OGL v1.1 and all), then the Section 9 from the existing versions of the OGL will apply. If they make a new license, though, then the OGL wouldn't apply.
 

Well, at least wait to see what the actual license is before making a rash decision.
Keep in mind that everything being written here right now is speculation based on a PR about a license that won't be released for another couple months.
I disagree. They have just now told us essentially what is in the document. It is the proper time to get really angry so that they can walk back any horrible decisions before they are set in stone. Corporations don't make U-Turns that easily, so you have to shoot down their trial baloons with extreme prejudice for them to get the message in time.
 

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