This, I think, is the most interesting bit:
Here’s a different version [of an Invisibility spell]:
Kit’s Shroud of Concealment spell: Incant “stars’ blight upon all sight” and touch your target. When you do, the spirits of the constellations descend to wrap them in an unearthly mist that makes them invisible for one hour. You may send the spirits home whenever you wish, ending the spell. The spirits depart automatically if your target makes an attack or casts a spell. This spell was developed by the Sorceress-Lawyer Kit when she negotiated the contract between the Tower of Sorcery and the Constellation Spirits in the year of the Fallen Mountain.
If all that additional text is just fluff with no game consequences, this version probably contains some elements that are copyrightable.
However, if other game elements trigger when spirits are present, or if someone says a rhyme, or based on other fictional elements described here, then the uncopyrightable game system might “merge” with the text here so that it wouldn’t be infringement for someone to reproduce this text entirely. Courts are essentially interested in whether the uncopyrightable elements of the work remain available for the public to use, or if the copyright owner is effectively monopolizing them because there simply aren’t many different ways to describe the uncopyrightable ideas or system.
So, the spell is called
invisibility. But it's on the Wizard spell list as just "invisibility"
, and it's in several monster, NPC, and magic item entries. So the name merges into a game mechanic, because the game uses it as a game term. The same is true for "advantage" and "armor class" and "Strength" so on. Names used as game terms become game mechanics when they're used by other game mechanics. They do that everywhere.
Good lord. I used to think the SRD was 90% unprotected by copyright, but now I think the SRD is basically
99% unprotected by copyright, and the only parts of it that are... are the parts we probably don't care about. Like if you look at
the spell description for Invisibility,
the most copyrightable element is the description of the material component as an eyelash stuck in gum.
So this should be totally uncopyrightable:
Invisibility
2nd level Illusion spell
Casting Time: 1 Action
Range or Area: Touch
Spell Components: Verbal, Somatic, and Material
Duration: Concentration, up to 1 hour, but see text
When you cast this spell and touch a creature, the creature becomes invisible for the duration. Worn and carried items also become invisible, but only as long as they remain carried or worn by that creature. The spell ends immediately if the target attacks or casts a spell.
If you cast this spell with a spell slot of 3rd level or higher, you may target one additional creature for each spell slot above 2nd level.
Everything there merges because all the terms used are used as mechanics: Invisibility, 2nd level spell, illusion, spell, casting time, action, range, area, touch, components, verbal, somatic, material, duration, concentration, cast, invisible, target, attack, spell slot, 3rd level spell slot. All you've got left are adverbs, prepositions, and conjunctions.