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...

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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D&D nedds the new and fresh ideas by the 3PPs, and these can also enjoy the open licence of Pathfinder.

WotC should give their blessing for the actual-play shows because these have been a fabulous tool of advertising.
DMGuilds works as a channel for advertising and distribution.

What if the VTT would allow to change the pose of the characters to can create machinima 3D webcomics?

Hasbro should be realistic and get ready because if 2023 is going to be a bad economic year then people will have to save money and this can't be spent so much in entertaiment.

* Really I feel curiosity about the update of new PC species and classes created by the 3PPs in the SRD.
 

FrogReaver

As long as i get to be the frog
So if you run 2-3 , 5k-10k KS a year and have other sales in the year mounting to 2-4k, nothing has really changed?
If you mean in terms of royalties - nothing has changed there. There is going to be quite a mine field when it comes to converting 1.0 OGL content and derivates to 1.1 OGL content IMO.

This is because the 1.0 OGL license states the product must be royalty free and the 1.1 demands royalties.
 

Voadam

Legend
So if you run 2-3 , 5k-10k KS a year and have other sales in the year mounting to 2-4k, nothing has really changed?
Other than being limited to print and PDFs, reporting to WotC about what you put out, and having to use their creator badge in your works. Your example of someone expecting to make up to $34K per year on OGL revenue will not need to report their revenue.

From their DnD beyond statement:

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
 

Voadam

Legend
Hmm reading over the Beyond statement one assertion strikes me as a bit off.

"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."

As far as I can tell there is nothing in the 1.0 OGL preventing someone from writing a D&D novel including things like the description of sahuagin or ropers and full on vancian spell casting wizards using spells like prismatic spray etc. from the srd and declare the D&D bits OGC. This would not authorize using Forgotten Realms or Eberron or carrion crawlers but they could do a novel set in a fantasy world using D&D OGC material.

I am not aware of anyone doing this, but the OGL seems to authorize it.

I vaguely remember hearing something about an OGC t-shirt with the full OGL on it being sold as merchandise at a convention.
 

I'm glad they're committed to releasing a 1D&D SRD. However, I'd note they don't have to make anything in the 1D&D SRD Open Game Content, which would effectively be the same as having no 1D&D SRD with respect to Section 9 and previous versions of the OGL. Previous SRDs have designated all content in the document except PI as OGC, but that obviously isn't mandatory.

Maybe the new SRD designates content you could pull from the 5.1 SRD anyway as Open Game Content, but designates new content as One Game Content (just to have confusing acronyms), which can only be used by third parties publishing under the 1.1 OGL. If they change enough things like class tables and spell lists and then designate those things as One Game Content, they could conceivably make it difficult to hang 1D&D-based content on a previous version of the license.

Anyway, that would be the kind of strategy that would make sense of the "why would anyone use this?" question, given Section 9. I'll be very interested to see what they do with monsters. If they high-board off Monsters of the Multiverse and really revamp the way they handle monsters, then they're cooking with Crisco in my opinion.

All speculation, obviously, but I think they clearly have a path to work around Section 9 if that's what they want to do.

ETA: I'd also strengthen my language if I don't want someone retro-clowning me: "Any Work that uses One Game Content is subject to the terms of the Open Game License v1.1."
 
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Ondath

Hero
As a big fan of open content both in software and in gaming, I'm really annoyed by this. Obviously the sky isn't falling, but it also doesn't bode well for the game's future direction. They clearly want to milk the potential revenue through all possible avenues, and I think this will be detrimental for the community in the long run.

Good thing the old OGL 1.0a is irrevocable, and it looks like I'll be staying within that ecosystem for my future games.
 



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