Official D&D names to avoid for published eBook

[jorgeo]

I saw a post avoid WotC copyright and minis (http://www.enworld.org/forum/general-rpg-discussion/328400-d-d-copy-right-question.html) and had a similar question.

I'm writing a fantasy novel about our 4e D&D campaign, which I'll probably put on kickstarter for crowdfundng. In the game, we have references to Pelor (avenger PC), the Raven Queen (Shadar-Kai), the Shadowfell, etc, that would/could come into play in the ebook.

Am I just better off renaming all deities and trademarked monsters with new names? Do they have to be substantially different, too? not sure how many ways you can present a god of death.

Someone mentioned not mentioning D&D at all... does that mean no thanks for D&D in the acknowledgements page, too?

Thanks!

 

[Dannyalcatraz]

Am I just better off renaming all deities and trademarked monsters with new names? Do they have to be substantially different, too? not sure how many ways you can present a god of death.

Renaming things is a good start.

You're also better off making your versions of X, Y, and Z as different as you can while still retaining integrity with your goals, if you can. The closer you are to something uniquely created for the D&D universe, the greater chance you have of getting the wrong kind of attention from WotC/Hasbro's legal department.

While homage and derivative creations can be entirely legal, it is only determined on a case by case basis...literally. You may THINK your work is legal, based on past cases, but until the gavel comes down, you won't know for sure. And, as the saying goes, "Why borrow trouble?"

As for death gods, there are many kinds. Some are rapacious life-stealers. Some are caretakers & protectors of the dead and the natural cycle of life. Others are impersonal harvesters of souls. Some sort the virtuous or valiant from the evil or cowardly. Some don't care about worldly concerns, and send everyone to the same destination. Some are as human as we are, others are as alien as can be.

 

[Jhaelen]

Am I just better off renaming all deities and trademarked monsters with new names? Do they have to be substantially different, too? not sure how many ways you can present a god of death.

Yes and now, respectively. You don't have to change how you present them, you just have to avoid the trademarked names.

Stating that the novel was inspired by a real D&D campaign won't hurt in and of itself. I'd definitely avoid using any of the names of spells, items, etc., though. Imho, novels should also stay away from using rule terms for anything - it's supposed to be a novel not a session report.

Take a look at the Malazan books: They've been inspired by a D&D campaign as well, but if you didn't know you'd never guess. And that's exactly the way to do it.

 

[S'mon]

While homage and derivative creations can be entirely legal, it is only determined on a case by case basis...literally. You may THINK your work is legal, based on past cases, but until the gavel comes down, you won't know for sure. And, as the saying goes, "Why borrow trouble?"

Yeah - you might very well win the case, or more likely force a favourable settlement given a good lawyer and lots of time and effort, but for most people the question is not so much "what's legal" as "what will avoid trouble" - in particular, any term that WotC regards as brand identity and slathers with Trade Marks needs to be treated with caution. Your use might well be be legal, but you generally want to avoid being hassled, so if you can use a different term that's probably a good idea. They are much less likely to hassle you over copyright issues than over TMs, IME.

Edit: If a term is in the d20 SRD you may be able to use it if you incorporate the OGL into your publication.

 

[S'mon]

I'm writing a fantasy novel about our 4e D&D campaign, which I'll probably put on kickstarter for crowdfundng. In the game, we have references to Pelor (avenger PC), the Raven Queen (Shadar-Kai), the Shadowfell, etc, that would/could come into play in the ebook.

For a commercial publication I would recommend not using any of those terms for your sun god, death goddess & her minions, and land of death.

 

[Umbran]

Not legal advice, but a reference for a successful D&D story published in novel form: The Deed of Paksennarion, by Elizabeth Moon.

The first book of this, Sheepfarmer's Daughter, is available in electronic format for free from the Baen Free Library.

 

[Desdichado]

Am I just better off renaming all deities and trademarked monsters with new names?

Yes, clearly.

Do they have to be substantially different, too?

What, the names? Not necessarily, but probably. Some names are really quite generic and its hard to get around them. That's not true of Pelor, the Raven Queen or shadar-kai. Now, the notion of them being a sun god, a death goddess, or a benighted people cursed and shadowed are fairly generic, though. You can certainly use the concepts easily enough. Most of those concepts are hardly unique to D&D anyway.

not sure how many ways you can present a god of death.

About a bazillion.

Someone mentioned not mentioning D&D at all... does that mean no thanks for D&D in the acknowledgements page, too?

Thanks!

I've seen plenty of that kind of stuff in lots of books that I've read; that seems fairly safe. Maybe you'd be better off specifically thanking some of the designers/writers by name, though. In case you're especially paranoid, which honestly, I would be.

 

[Dannyalcatraz]

Yeah - you might very well win the case, or more likely force a favourable settlement given a good lawyer and lots of time and effort, but for most people the question is not so much "what's legal" as "what will avoid trouble" - in particular, any term that WotC regards as brand identity and slathers with Trade Marks needs to be treated with caution. Your use might well be be legal, but you generally want to avoid being hassled, so if you can use a different term that's probably a good idea. They are much less likely to hassle you over copyright issues than over TMs, IME.

Basically, you want to err on the side of caution, and make your changes significant.

Or to spell it out in crass but clear terms: even if you win, proving your use was legal could bankrupt you, the modern version of the Pyhrric victory,

 

[Morrus]

Stating that the novel was inspired by a real D&D campaign won't hurt in and of itself.

Actually, that's bad advice. If at any time someone were to bring a suit against you for creating a derivative work, actually admitting it directly in text in the book is going to make that case a very short and painful one.

 

[S'mon]

Actually, that's bad advice. If at any time someone were to bring a suit against you for creating a derivative work, actually admitting it directly in text in the book is going to make that case a very short and painful one.

WoTC don't own the copyright in our D&D campaigns. Not unless we're running a published adventure - in which case they own what they wrote, not what we added.