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".


wotc-new-logo-3531303324.jpg



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.
 

log in or register to remove this ad

So, they could release a SRD for One D&D that only contains new stuff, not previously under a SRD and say it’s not OGC. And say in say in OGL 1.1 that it allows SRD stuff not OGC? Ok, I get that. But what would that be? Since game mechanics not protected, it would only be the names of new abilities or feats, and not those abilities themselves. Seems pretty pointless. And not a reason to do all this….see later in my post.

If game mechanics aren’t copyrightable, one might argue the OGL as it has existed for 20 years “seems pretty pointless.” The point has always been the “safe harbor”: Whether or not a particular court in a particular case would find copyright infringement, stick to the terms of this agreement and we won’t hassle you.

Keep reading—there are some great posts from the resident attorneys here that go into a lot of the legal details.
 

log in or register to remove this ad

Hussar

Legend
which most 3PP aren’t

not to a different business in your field

yes, it obviously is. I mean no one is forcing you to keep it one, but by default it is

not sure what there is to be proud of, but feel free
My posts are certainly not long enough that fisking is required.

My point is, reporting how many sales you had last year is hardly the same as opening your books. It's a fairly public number anyway. If someone wants to do the legwork, they could likely make a pretty educated guess. It's not like they're asking for trade secrets or anything like that. "If you made more than 50 grand in sales last year, please let us know." And, we have no idea what the question might actually be. It could be as simple as, "Did you make more than 50k in sales last year? Y/N" Followed by "Did you have sales of more than 750 k? Y/N"

Again, they are not asking you to report your entire business. They are asking "Did you have sales of more than 50k", full stop. That's ALL we know for now. I'm sorry, but, is that really that much of an ask? They didn't say that they want a full break down of your income. They aren't asking to see your tax files. They are asking you to self report if you made more than 50 grand in a year.

Now, if it goes further than that, then fair enough. But, right now, all they are asking (a VERY small number of creators) is for you to self-report if you made more than 50 grand on OGL stuff in the last year.

And, yeah, "My D&D product was so popular that I have to report it to WotC" isn't exactly bad press for a 3pp. You see it right now on DM's Guild - a Platinum or Gold seller badge prominently displayed on various products. Knowing that someone is selling that much does increase interest.
 
Last edited:

Hussar

Legend
If game mechanics aren’t copyrightable, one might argue the OGL as it has existed for 20 years “seems pretty pointless.” The point has always been the “safe harbor”: Whether or not a particular court in a particular case would find copyright infringement, stick to the terms of this agreement and we won’t hassle you.

Keep reading—there are some great posts from the resident attorneys here that go into a lot of the legal details.
I think that's the point that gets lost in the scrum here.

The OGL is a formal "gentlemen's agreement" to not pee in the pool as it were. There is no doubt that some of the things covered by the OGL would never stand up in court anyway. We all know that. WotC knows that. That ground has been well trod and covered by people a heck of a lot smarter than me over the past twenty years or so.

But, the OGL is there as a sort of playground. WotC is saying, "Look, yeah, I know there is stuff here that you could fight and you would probably win. There's stuff here that you could fight and probably lose. Instead of nailing all this down in concrete terms, here is an agreement where you agree to not fight me on this stuff and I won't look too hard at whatever you are doing."

Let's be honest here, there are OGC books out there that aren't necessarily 100% kosher. Again, we all know that. The Hypertext SRD (3.5) included text from the Unearthed Arcana that wasn't OGC. It's not hard to find. But, WotC has been pretty relaxed about things by and large. So long as no one is piddling in the pool, everyone is happy.
 

mamba

Legend
My posts are certainly not long enough that fisking is required.
not sure why this is an important issue for you, I will continue to answer as I see fit. Also, this one is
My point is, reporting how many sales you had last year is hardly the same as opening your books. It's a fairly public number anyway. If someone wants to do the legwork, they could likely make a pretty educated guess.
yeah right, try it with a few people and let me know how that goes. Let’s start with Mike Shae, MT Black and Professor DungeonMaster ;)
It could be as simple as, "Did you make more than 50k in sales last year? Y/N" Followed by "Did you have sales of more than 750 k? Y/N"
don’t be ridiculous, not even you believe that (I hope…)
Again, they are not asking you to report your entire business. They are asking "Did you have sales of more than 50k", full stop. That's ALL we know for now. I'm sorry, but, is that really that much of an ask?
it’s a lot to ask, given that just yesterday they did not care
Now, if it goes further than that, then fair enough. But, right now, all they are asking (a VERY small number of creators) is for you to self-report if you made more than 50 grand on OGL stuff in the last year.
they are asking every creator, it is a small number that will raise their hand and say that they are ;)
And, yeah, "My D&D product was so popular that I have to report it to WotC" isn't exactly bad press for a 3pp. You see it right now on DM's Guild - a Platinum or Gold seller badge prominently displayed on various products. Knowing that someone is selling that much does increase interest.
sales numbers maybe do (no idea, the concept that McDonalds sells more meals than the Steakhouse next to it never meant much to me, the books I read are not based on sales either…I am more interested in topic and review ratings), but ‘I have to report to WotC’ is not really reflecting sales numbers very well (you either have to or you don’t, no tiers), and not in a public spot where people would see it.
 
Last edited:


mamba

Legend
What more do you know that they are going to ask?

Specifically please. What evidence do you have that they are asking more?
evidence, zero, let’s just say I would be really surprised if this were just two checkboxes, and to me you are overly generous given that you have zero evidence as well
 
Last edited:

Hussar

Legend
evidence, zero, let’s just say I would be really surprised if this were just two checkboxes, and to me you are overly generous given that you have zero evidence as well

No the difference is, I’ve repeatedly stated that we need to wait and see.

There’s no point buying into the negative narrative beforehand. Far too many folks gleefully rubbing their hands at the downfall of DnD.
 

Remathilis

Legend
This bit here makes me think there will be a thumbs up or down process from WotC.


WotC, at a minimum, won't want that badge on bigoted or hateful content. I even think it makes sense that they'd have such a review.
That review will either be before any such product is made, or after the 3pp has printed books (or sold PDFs out to the wild).

Also I would think WotC would have a longer list of what THEY think is inappropriate. On their terms, not ours.

Will WotC care if they demand you pulp printed books? Would they want them to get out to the wild before they had a chance to stop them?

Maybe, given how the dmsguild runs, but the question of pulping printed books is almost not a concern on the dmsguild. For small 3pp publishers printing outside of on-demand, it very well might be.

If you are a small publisher what would you prefer? Pre review or post?
I imagine it will be as robust as DMsGuild and not an inch more.
 

Nylanfs

Adventurer
Let's be honest here, there are OGC books out there that aren't necessarily 100% kosher. Again, we all know that. The Hypertext SRD (3.5) included text from the Unearthed Arcana that wasn't OGC. It's not hard to find. But, WotC has been pretty relaxed about things by and large. So long as no one is piddling in the pool, everyone is happy.

I haven't paid that close attention to the Hypertext SRD, but aren't they using the Unearthed Arcana that is strictly released as OGC?
 

mamba

Legend
No the difference is, I’ve repeatedly stated that we need to wait and see.
I have said that a few times too in this thread, yet here we are discussing details. Sorry, if you want to wait, then wait and do not speculate about the level of detail you need to provide to WotC. I doubt that will even be clarified in the license.

I generally kept it to things they already said, you went even further ;)
There’s no point buying into the negative narrative beforehand. Far too many folks gleefully rubbing their hands at the downfall of DnD.
there also is no point defending them by making claims without evidence like all you need to report is > 50k and > 750k.

I am not buying into anything. I am stating what I think of what they said so far and what changes I find acceptable vs which ones went too far, and what I currently observe as the community response (and by that I do not mean this thread but how 3PPs are reacting). I also am aware that so far none of this is final and have said so several times, don’t expect me to write a long disclaimer in every post though ;)

Finally, I don’t think waiting with the warnings until after the Titanic hit the iceberg (the license is released) is a sound approach if you do not like what you are hearing. I will adjust my opinion as new details emerge, that does not mean I need to ignore what was announced until it became cold hard facts.
That is kinda like ignoring the robber saying ‘give me your money or I shoot you’ because he hasn’t shot you yet… intentions matter
 
Last edited:

Remove ads

Remove ads

Top