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Hello, I am lawyer with a PSA: almost everyone is wrong about the OGL and SRD. Clearing up confusion.
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<blockquote data-quote="Enrahim2" data-source="post: 8916077" data-attributes="member: 7039850"><p>As a layman, I think the key observation to resolve this conondrum is that various works by the same author can use different mechanisms to obtain rights to the use of that material. OGL provides one potential mechanism of obtaining rights to material. However declaring OGL do not involve the content creator waving the right to licence their work in other ways.</p><p></p><p>So imagine you are releasing two adventures, both containing an owlbear with statblock for convinience. Assuming you don't own the rights to the owlbear trough it not being not copyrightable or similar, you then have to seek the right to use it. For the first book, you decide to take up the public offer from the OGC contributors to use the OGC. You want to employ the section 4 grant of the license they gave you trough you receiving their OGC wizards distributed to you from their webserver when you downloaded the 5.1SRD. To employ this grant you have to agree to and follow all the terms, including copying the ogl and keep the ogc notices.</p><p></p><p>However for the second adventure you go to wizards to get a custom license for the use of the owlbear. As the copyright holders they are free to do that. As a result for the second adventure you dont need the grant of section 4. There are hence nothing that compells you to abide to any of those licensing terms for that second work.</p><p></p><p>I think the above is quite straight forward. What become more tricky is of course when try to apply this to the mechanisms we speculate being at work with the original content creators here. One way of thinking is that in order to be able to declare something ogc under ogl, you need to accept and be bound by the ogl for the work you publish with the new OGC. This would be the mechanism at work for the 5.1srd. While the MM, that do not declare any ogc, and (presumably) only contains works wizards has the rights to without the use of OGL is free to be published completely independent from the OGL.</p></blockquote><p></p>
[QUOTE="Enrahim2, post: 8916077, member: 7039850"] As a layman, I think the key observation to resolve this conondrum is that various works by the same author can use different mechanisms to obtain rights to the use of that material. OGL provides one potential mechanism of obtaining rights to material. However declaring OGL do not involve the content creator waving the right to licence their work in other ways. So imagine you are releasing two adventures, both containing an owlbear with statblock for convinience. Assuming you don't own the rights to the owlbear trough it not being not copyrightable or similar, you then have to seek the right to use it. For the first book, you decide to take up the public offer from the OGC contributors to use the OGC. You want to employ the section 4 grant of the license they gave you trough you receiving their OGC wizards distributed to you from their webserver when you downloaded the 5.1SRD. To employ this grant you have to agree to and follow all the terms, including copying the ogl and keep the ogc notices. However for the second adventure you go to wizards to get a custom license for the use of the owlbear. As the copyright holders they are free to do that. As a result for the second adventure you dont need the grant of section 4. There are hence nothing that compells you to abide to any of those licensing terms for that second work. I think the above is quite straight forward. What become more tricky is of course when try to apply this to the mechanisms we speculate being at work with the original content creators here. One way of thinking is that in order to be able to declare something ogc under ogl, you need to accept and be bound by the ogl for the work you publish with the new OGC. This would be the mechanism at work for the 5.1srd. While the MM, that do not declare any ogc, and (presumably) only contains works wizards has the rights to without the use of OGL is free to be published completely independent from the OGL. [/QUOTE]
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Hello, I am lawyer with a PSA: almost everyone is wrong about the OGL and SRD. Clearing up confusion.
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