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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Which is why this stinks of pure petty greed. They’re doing better than they’ve ever done and that’s still not enough. But they’re going to piss off a lot of fans to go for the comparative peanuts 3PP are making.
Again with the "greed" accusation while defending the top 1% of RPG publishers. Do you guys even hear yourselves?
 

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they have no second horse… OneD&D is the same horse after a bath, I doubt you need the new SRD in 95% of cases or more, which means you can stick with the current one and 1.0 without any issues.

They really need to offer a carrot for anyone to even look at 1.1, and so far they have not offered any
See, this is where I get frustrated.

Yes, they haven't offered any. It's the Christmas holidays. Do you really think anyone is making big decisions and working hard right now? Are you? I don't know about you, but, I'm on my Christmas holidays. Have been since the 23rd and will continue to do so until the 2nd. I'm pretty sure that lots and lots of other people are in the same boat.

It's been a week since WotC said that there will be changes coming. That's it. A week. Oh, sorry, 9 days.

There is no "so far" here. What we have is a bunch of really, really self entitled fans who are banging the drum over and over again, pretending that this is 2008 all over again.

Is it really too much to ask to wait and see what they have to say before preaching doom and gloom?
 


They cannot square that circle beyond limiting the 1.0a OGC to what is already licensed under it.
Right, so it's trivially easy to square the circle. They simply don't release any Open Game Content for OneD&D. Now you can try to clone what you want using the OGL 1.0a and previous SRDs, but you could clone the game system anyway, without any license. You would probably win in court.
 

Yes, they haven't offered any. It's the Christmas holidays. Do you really think anyone is making big decisions and working hard right now? Are you?
Actually I am, we have a go-live on 12/31 :D

They found time to tell us about the stick, maybe they should have either said nothing or included the carrot
Is it really too much to ask to wait and see what they have to say before preaching doom and gloom?
I am not considering this doom and gloom. I said I think they underestimate the risk of this, told you what I would consider a fair change to the license, and that right now I see no incentive or need to abandon 1.0 and switch to 1.1. I am not running around shouting 'the world is ending' ;)
 

There is the list of RPG Kickstarters over with more than 1000 backers, which means many are over $250K, that I found here. Many are not 5e, but some are, so I imagine we can pull out at least part of the list from there.
 

Right, so it's trivially easy to square the circle. They simply don't release any Open Game Content for OneD&D.
I think we mean different (opposite actually) things by this term. But yes, do not add more OGC with the new SRD, we agree on that.
Now you can try to clone what you want using the OGL 1.0a and previous SRDs, but you could clone the game system anyway, without any license. You would probably win in court.
Ok, then what exactly is 1.1 accomplishing ? I thought the main reason in your opinion was to prevent something like that
 

There is the list of RPG Kickstarters over with more than 1000 backers, which means many are over $250K, that I found here. Many are not 5e, but some are, so I imagine we can pull out at least part of the list from there.
My initial rough math is not that far off. 20 companies, $2M per KS (one each), say 25% profit, say WotC takes 10% of that, that is 1M in fees. Say they make the same amount again in sales afterwards, now we are at $2M. Out of a $1B goal that is a rounding error.
 


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