New d20 Author Seeks Guidance on Do's and Don't's

[Crusty Older DM]

I've been sinking my teeth into the OGL, the d20 System License and the d20 System Guide, as well as various FAQs related thereto. I will, of course, have a lawyer take a look at the whole structure with anything that I am thinking of publishing, but I thought I could get some of you to give me some idea if I am totally off in my basic understanding of what WotC has set up. This is an outline of my understanding:

1. The OGL and System Rules Document provide a safe harbor for the inclusion of the system rules set forth in the SRD in non-WotC products.

2. If I want to use anything that is not in the SRD but does happen to appear in a WotC product (even if it is a "Core Book" and even if it is a rules system), I am thrown to the winds of general copyright (and possibly trademark) law.

3. WotC can still publish materials that are derivative of OGC without that new material becoming subject to the OGL. However, if I were to publish material derivative of OGC, I would effectively have to grant a license to that material to anyone who complied with the OGL, including WotC.

4. What if I publish material that is derived from content that is in the SRD but is also in the public domain? I.e., by using any OGC am I giving up my right to later claim that some of the SRD is not subject to WotC's copyrights?

4. In order to use the d20 System logo and/or trademark, I must not include my own character creation or character advancement systems, must not represent that my product is a "core book" of any kind and must not change the definitions of certain game terms enumerated in the d20 System Guide.

5. In order to use the d20 System logo and/or trademark, at least 5% of the text (presumably by word count??) must be OGC and I must include a reference to the required use of certain WotC "Core Books".

6. I am not permitted to refer to any WotC products other than the PHB, DMG, MM and Psionics Handbook.

I'm not looking for legal advice here. I'll take care of that at the appropriate time. But I would be grateful if anyone would tell me if I were totally off-base or have missed a major point.

Thank you.

Crusty Older DM
"Entertaining and terrorizing players for 26 years."

 

[Lizard]

I'm not looking for legal advice here. I'll take care of that at the appropriate time. But I would be grateful if anyone would tell me if I were totally off-base or have missed a major point.

Well, you're doing better than most. Here's a few corrections.

a)WOTC doesn't derive anything from the SRD. They derive from their own material. That this material happens to also be in the SRD is irrelevant for these purposes. If WOTC wishes to use other people's OGC, they must do so under the terms of the OGL.

b)You do not 'have to grant a license' -- it's granted. Done. Period. By publishing under the OGL, all your open content is usable by others (under the terms of the OGL), without your permission or knowledge.

 

[Crusty Older DM]

Thanks

I'm glad I'm in the ball park. Your response was very helpful.

 

[jmucchiello]

To expanmd on Lizard's response....

3. WotC can still publish materials that are derivative of OGC without that new material becoming subject to the OGL. However, if I were to publish material derivative of OGC, I would effectively have to grant a license to that material to anyone who complied with the OGL, including WotC.

Anyone can publish material derivative of their own OGC. The material that does not derive from other work can be closed in some works and OGC in others. The hard part here is what can you create that isn't dervied from something else. Suppose you made a set of rules for playing fantasy chess and made them OGC in a OGL covered document. You could also publish those chess rules without the OGL because you are the copyright holder. This doesn't come up often. WotC is in the same position with the SRD. Since they own the concept of a spell having level, components, casting time, target, duration, saving throw and spell resistance, they can create spells that do not derive from OGC. Most other publishers are going to say "Casting time: 1 action" and that little bit of text is obviously derived from the SRD. So no matter how new your spell is, it is derived from OGC and must be OGC.

4. What if I publish material that is derived from content that is in the SRD but is also in the public domain? I.e., by using any OGC am I giving up my right to later claim that some of the SRD is not subject to WotC's copyrights?

I'm curious as to what in the SRD you believe is public domain. In any case, do you have the ability to win a lawsuit against Hasbro?

5. In order to use the d20 System logo and/or trademark, at least 5% of the text (presumably by word count??) must be OGC and I must include a reference to the required use of certain WotC "Core Books".

Yes, by word count according to prior writings made by Ryan Dancey, IIRC.

6. I am not permitted to refer to any WotC products other than the PHB, DMG, MM and Psionics Handbook.

Wrong. You can refer to the Player's Handbook and Psioincs Handbook. There are no WotC products called PHB, DMG or MM. Also, you should never use these books as reference when you are writing OGC. You should only refer to the SRD. There is plenty of material in the player's handbook that is not in the SRD. The only other gotcha is the silly "no page number references" requirement.

I'm not looking for legal advice here. I'll take care of that at the appropriate time. But I would be grateful if anyone would tell me if I were totally off-base or have missed a major point.

Good, cause my response is not legal advice. I'm not a lawyer. Otherwise you seem to be doing very well for someone claiming to just be starting out.

 

[Crusty Older DM]

Re: Re: New d20 Author Seeks Guidance on Do's and Don't's

To expanmd on Lizard's response....

I'm curious as to what in the SRD you believe is public domain. In any case, do you have the ability to win a lawsuit against Hasbro?

Well, I'm not trying to rock any boats, but as an example I would be surprised if WotC "owns" the concept of "hit points" independent of the d20 System. My question doesn't really have to do with my winning any lawsuit so much as having the OGL thrown in my face if I ever publish any non-d20 material for a game that also has, for instance, a hit point concept that is not derived from the d20 System. E.g., didn't the original Traveller use hit points too.

At the very least, we should all know what we are getting ourselves into by using the OGL.

 

[tensen]

So... is what you are asking.. is WOTC going to come after you for using a term that is utilized regularlly in other games, if you make your own system? Probably not. Now if you use all their stats, and other terms.. then probably yes.. and that you ought to utilize the OGL license, since they made it available for that purpose.

 

[CRGreathouse]

Re: Re: New d20 Author Seeks Guidance on Do's and Don't's

Wrong. You can refer to the Player's Handbook and Psioincs Handbook. There are no WotC products called PHB, DMG or MM.

http://www.wizards.com/d20/files/d20guide.rtf

You may refer to the Dungeon Master’s Guide as the DMG, the Monster Manual as the MM. You may cite the Player’s Handbook by title, or as the PHB. You may cite the Psionics Handbook by title.

CR "Not a Lawyer" Greathouse

 

[Crusty Older DM]

Okay. I think it's all starting to come into focus. You have all been very helpful. Any other thoughts would be greatly appreciated.

Crusty Older DM