Beholders, Mind Flayers, and Strahd von Zarovich Released Into Creative Commons (Kinda)

In the 5.1 SRD that just got released into the Creative Commons is a bunch of IP including Count Strahd von Zarovich, the Feywild, the Shadowfell, the City of Brass, Palace of Dispater, Street of Steel, Gate of Ashes, and the Sea of Fire. The beholder is also specifically referenced by name in the Deck of Illusions, and Mind Flayers and Slaad are also referenced--at least by name--repeatedly in the document.

Here's a link to the content released to CC.

WotC Backs Down: Original OGL To Be Left Untouched; Whole 5E Rules Released as Creative Commons

Hundreds of game publishers sigh in relief as, after extensive pressure exerted by the entire open gaming community, WotC has agreed to leave the original Open Gaming License untouched and put the whole of the 5E rules into Creative Commons. So, what's happened? The Open Gaming Licence v1.0a...

www.enworld.org

What does that mean? Under OGL v1.0a terms like this were generally designated as ‘Product Identity’ and were unavailable for use. The CC license has no such provision. This means that those using the OGL cannot (still) use terms designated as PI, but those using the CC can use the full content of the document released under it.

Only the names of these creatures and places are contained in the document--so you can't use Strahd's image or stat block or description, nor can you use those of the beholder, etc. But it does appear that you can refer to these items.

 

[doctorbadwolf]

It's not necessarily safe to do so. A court might say that the WoTC mindflayer is copyright protected, and that you've reproduced enough to infringe on that copyright. In MGM v Honda, just having James Bond type character & villains appearing in a car ad was held (likely) to infringe MGM's copyright. https://www.copyright.gov/fair-use/summaries/mgm-amhonda-cdcal1995.pdf

Edit: That was in California, which obviously is very friendly to movie studios. It might go differently elsewhere.

The mindflayer’s name suggest messing with brains in a physical and deadly manner, so you’d need to hew a bit closer than that to be in any trouble.

 

[Whizbang Dustyboots]

For the record, "yuan-ti" is a very stupid name that's not worth worrying about. Name your snake people something better.

 

[Davies]

For the record, "yuan-ti" is a very stupid name that's not worth worrying about. Name your snake people something better.

Shé-rén, perhaps.

 

[see]

So, something mildly interesting:

Under the OGL 1.0a you are not allowed to use Product Identity "except as expressly licensed in another, independent Agreement with the owner of each element of that Product Identity."

The CC BY 4.0 is an independent agreement to license the 5.1 SRD content.

Accordingly, insofar as an element declared Product Identity is not a trademark (and thus excluded by the language of CC BY 4.0), there seems to be potential for using such elements in works largely licensed under the OGL 1.0a.

 

[LuisCarlos17f]

Cthulhumanoid - TV Tropes

A monster with a face of tentacles resembling everyone's favorite Eldritch Abomination, Cthulhu. Using the official pronunciation of "Cthulhu" given by H. P. Lovecraft, the closest thing to the correct pronunciation the human vocal apparatus can …

tvtropes.org

Gazer

The Gazer is an Enemy in Dragon's Dogma: Dark Arisen. The Gazer is a distorted version of an Evil Eye, found in the Shrine of Futile Truths on Bitterblack Isle. It employs various spells and Debilitations in battle (including Torpor, Blind and Petrification). The Gazer also summons Tentacles...

dragonsdogma.fandom.com

Gazer

The Gazer is a Demonic-type interdimensional monster consisting of one giant eye, a mouth, and several eyed tentacles found in Path A of the Lost Woods. Once you have defeated it on your first playthrough, the character you used on that mission will be able to participate in network games. The...

dragons-crown.fandom.com

If other companies wanted, ersatz would be used.

* In my opinion if WotC wants to sell more TTRPG then should think about to publish no-fantasy genre. But here the challenge for the game designers is to create a d20 Modern 2.0. enoughly compatible with 5e/E-One.

 

[occam]

In the context of the CC licensing of the SRD, WotC has agreed to licence (inter alia) the word "yuan-ti". Also the phrases "a yuan-ti with a snakelike tail instead of legs" and "the product of terrible curses (including minotaurs and yuan-ti)". The licence permits reproducing and transforming this material. So presumably an otherwise original story about yuan-ti, human-like beings who as a result of a terrible curse have snakelike tails instead of legs is covered by the licence. This seems to be a difference from the previous (OGL-based) licensing regime.

One thing I wanted to make clear, though, is that the CC-licensed SRD doesn't grant someone a license to use the word "yuan-ti". You don't need a license for that, unless it's a trademark and your use of it could create confusion. (And has been pointed out (thanks ), "yuan-ti" is almost certainly not a trademark.)

The only thing that kept people from referencing the term "yuan-ti" in prior third-party game products was the OGL, which actively prevented such use. Without the OGL, you can use that name all you want, as long as you avoid copyright infringement.

In short: WotC's inclusion of a bunch of words labeled as OGL Product Identity in the newly CC-licensed SRD doesn't do anything. It doesn't grant anyone any more rights than they already had, absent the OGL.

 

[overgeeked]

Without the OGL, you can use that name all you want, as long as you avoid copyright infringement

That’s where we’ll see trouble. People mistaking the presence of a word in the CC-BY SRD meaning that almost 50 years of lore and art is now fair game. That’s not how it works.

The name is fair game. But when you connect that with snake people it becomes iffy. When you connect it to snake people with variable mutations involving snake parts replacing random bits on humans with it becomes even more iffy.

Unless the name, stats, art, and lore are included in the CC-BY SRD then it’s shaky ground to pull straight from D&D.

 

[pemerton]

That’s where we’ll see trouble. People mistaking the presence of a word in the CC-BY SRD meaning that almost 50 years of lore and art is now fair game. That’s not how it works.

The name is fair game. But when you connect that with snake people it becomes iffy.

I don't think I agree with this. The licensed text includes "a yuan-ti with a snakelike tail instead of legs". So the licence permits the reproduction of that text, and also its adaptation and transformation. While it's true that context is (nearly) everything, it's not straightforward to imagine a context in which the sentence "Yuan-ti are people with snakelike tails in place of legs" would, in itself, be infringing.

See also @S'mon's post 210 just a little way upthread.

 

[overgeeked]

Oh. Anyone worrying about chromatic and metallic dragons…the dragonborn is in the SRD…with their breath weapons listed by dragon type. And this is repeated under the draconic bloodline of the sorcerer class. And again in several spells and magic items. And again in the monster stat blocks. So, color and metal coded dragons are now CC-BY.

 

[Selganor]

So, something mildly interesting:

Under the OGL 1.0a you are not allowed to use Product Identity "except as expressly licensed in another, independent Agreement with the owner of each element of that Product Identity."

The CC BY 4.0 is an independent agreement to license the 5.1 SRD content.

Accordingly, insofar as an element declared Product Identity is not a trademark (and thus excluded by the language of CC BY 4.0), there seems to be potential for using such elements in works largely licensed under the OGL 1.0a.

I just had this thought, that putting the CC on an OGL product might trigger the OGL clause of using PI. Great catch on the "independent agreement", so it seems we now "only" have to list all the Trademarks in the CC SRD.