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New d20 Author Seeks Guidance on Do's and Don't's
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<blockquote data-quote="jmucchiello" data-source="post: 368511" data-attributes="member: 813"><p>To expanmd on Lizard's response....</p><p></p><p>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 "<strong>Casting time:</strong> 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.</p><p></p><p>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?</p><p></p><p>Yes, by word count according to prior writings made by Ryan Dancey, IIRC.</p><p></p><p>Wrong. You can refer to the Player's Handbook and Psioincs Handbook. There are no WotC products called PHB, DMG or MM. <img src="https://cdn.jsdelivr.net/joypixels/assets/8.0/png/unicode/64/1f642.png" class="smilie smilie--emoji" loading="lazy" width="64" height="64" alt=":)" title="Smile :)" data-smilie="1"data-shortname=":)" /> 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.</p><p></p><p>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.</p></blockquote><p></p>
[QUOTE="jmucchiello, post: 368511, member: 813"] To expanmd on Lizard's response.... 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 "[B]Casting time:[/B] 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. 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? Yes, by word count according to prior writings made by Ryan Dancey, IIRC. 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. 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. [/QUOTE]
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