BiggusGeekus said:
I'm reasonably sure you can for a fan/campaign site. But the more I think about it, the less sure I am. Which is a darn shame because I just used such an example in the post above. Nuts.
The answer is as follows (but remember IANAL):
1.) If you are doing this as a fan site, you can probably get away with posting all the stats for the item under the fair use doctrine no matter who published it, OGC or not. However, you run the risk of being served with a cease & desist order (i.e., "take it off your site") and/or a lawsuit (probably in that order). IOW, you can probably get away with posting just about anything because it's (presumably) for you and your friends - "fair use" - even if it happens to be available on the internet (if you start advertising your site as a "place to come get stuff" that's something else entirely).
2.) If you want to be airtight, your website must be published under the OGL. That means you may reprint only the following:
a.) Anything from the System Reference Document
b.) Anything explicitly called out in another publication as Open Game Content
c.) Anything published under the OGL/d20 licence that is strictly rules-related published by any company other than WotC (because part of the Open Game License explicitly states that all game mechanics are automatically Open Game Content).
It also means that you must include a copy of the Open Game License on your website, with a correct "Section 15" (i.e., a list of all the works you have pulled Open Game Content from).
It also means you should NOT reprint any of the following:
a.) Anything from the PH, DMG, and/or MM - use the SRD instead!
b.) Anything from ANY OTHER WotC publication (except the last two monsters in the Monster Manual II) - NONE of these have been published under the OGL.
c.) Anything that is not a game mechanic or explicitly called out as Open Game Content from any other publisher.
Let's examine BiggusGeekus' examples:
My fighter, Joe, has a Ring of Feather Falling here are its stats from the SRD: This ring acts exactly like a feather fall spell, activated immediately if the wearer falls more than 3 feet.
Caster Level: 1st; Prerequisites: Forge Ring, feather fall; Market Price: 2,200 gp.
The Ring of Feather Falling appears in the System Reference Document, so all of its stuff - including the name - are fair play. This is indeed a perfectly okay phrase to include.
Let's look at his next example:
He also has a Headband of Ferocity from "Sword and Fist", but I can't give out the the description for that.
I could be wrong, but I believe that (technically) you can't even use "Headband of Ferocity" or "Sword and Fist" as these were not published under the OGL. You might try slithering around it with "Headband of Ferociousness" and "Fighter/Monk Splatbook." You would have to get written permission from WotC to make use of "Headband of Ferocity" or "Sword and Fist." Yuk. This restriction is a good reason to go the fansite route, BTW.
The following is bad:
===
My fighter, Joe, has a Ring of Feather Falling here are its stats: This ring acts exactly like a feather fall spell, activated immediately if the wearer falls more than 3 feet.
Caster Level: 1st; Prerequisites: Forge Ring, feather fall; Market Price: 2,200 gp.
This is fine.
He also has an item from Smalld20Company's book "Stuff & More Stuff" it is a Sword of Whupbutt and it is a +6 item that can turn hamsters into noodles 1/day but they get a will save of DC18.
As written, there is one definite problem: Smalld20Company's book "Stuff & More Stuff" - you can't use Smalld20Company's name and the name of the book "Stuff & More Stuff." EXCEPT within Section 15 of the OGL - you could, for instance, put a footnote hyperlink that links to Section 15 of the OGL and comes up on "Smalld20Company's book 'Stuff & More Stuff'."
There is one possible problem - the "Sword of Whupbutt." If the name of the item is designated as OGC in Stuff & More Stuff, it's okay to use the name. If the name isn't designated as OGC, it's not okay.
It is perfectly permissible to use "it is a +6 item that can turn hamsters into noodles 1/day but they get a will save of DC18" because this is published by Smalld20Company under the OGL. This is rules text and is therefore automatically Open Game Content, whether Smalld20Company specifically calls it out as Open Game Content or not. Furthermore, they can't tell you it's NOT Open Game Content either.
Bottom Line - For a "campaign journal" site like the one you described, it's better to go fansite/fair use route - it gives you more flexibility, even if it does mean you can be asked to remove it from the web (under threat of lawsuit).
Did that help muddy things up?
If you're really that concerned, consult a real IP lawyer, not me.
--The Sigil
