OGL and copyright

[Delta]

This is actually a really interesting question. I'd have to read the OGL.

I mean, the word "Swashbuckler" isn't WotC's intellectual property.... and the stats of a fourth level Swashbuckler can be represented with things in the SRD (BAB. hp, saves, etc.).

My guess is that if you stat a npc out but don't include explanations of abilities not in the SRD (like the Swashbuckler's Grace) and include a reference on what book the npc is from, you'd be fine.

Don't do that. OGL Section 7:

7. Use of Product Identity: You agree not to Use any Product Identity, including as an indication as to compatibility, except as expressly licensed in another, independent Agreement with the owner of each element of that Product Identity. You agree not to indicate compatibility or co-adaptability with any Trademark or Registered Trademark in conjunction with a work containing Open Game Content except as expressly licensed in another, independent Agreement with the owner of such Trademark or Registered Trademark. The use of any Product Identity in Open Game Content does not constitute a challenge to the ownership of that Product Identity. The owner of any Product Identity used in Open Game Content shall retain all rights, title and interest in and to that Product Identity.

 

[Delta]

so, an npc stated out using more then just the srd is off limits then?

That's the basic idea. You can use stuff in the SRD and Unearthed Arcana. Pretty much nothing else from WOTC.

 

[Psion]

No, but it is WotC Product Identity.

I doubt it. Wizards puts out darn few products under the OGL. PI is entirely Wizards' licensing term. Those not released or called out by the license are not, well, under the license.

Indeed, there was a "swashbuckler" class released under the OGL as OGC even before WotC ever published a Swashbuckler. 2 that I can think of, in fact. One was one of the very earliest OGC PrCs.

Edit: Don't take this to mean that it would be okay to take the stat block of a CW swashbuckler and publish it. It clearly doesn't fall under the license, and could be a copyright issue. That's the sort of thing you would want to avoid unless you consult a copyright lawyer to make sure you are in the clear.

 

[jgbrowning]

I'm curious Joe: Do you employ a copyright lawyer?

Nope, but I sure would if I was thinking about trying to use stuff from Complete Warrior and Complete Arcane. And yes, it would probably be too expensive for the return.

joe b.

 

[jmucchiello]

I'm curious Joe: Do you employ a copyright lawyer?

Though the point that you should consult a lawyer for legal issues is well taken, I don't see too many small d20 publishers being able to shoulder extra lawyer fees.

I think it's a good idea to avoid publishing under the OGL if you do not have a good grasp on it. At one time, the OGL list was a good place for this. But I've seen some people make some pretty big mistakes by making assumptions. If you are serious about the OGL, learn what it means, and take a look at what people are doing with it already.

If you aren't willing or capable of doing that, might I recommend you consider submitting your adventure to Dungeon? They are obviously more stringent, but you shouldn't have to worry about whether or not you can use official resources.

All of this is good advice. But Joe's advice is really not "consult a lawyer". It is "this is not the place to ask for legal advice". The OP does not need a lawyer to be able to understand the OGL. But if he has any doubts or questions, he is wasting his time asking questions here. At that point, he needs an IP lawyer who specializes in copyright and open source concepts.

Personally, I think it's unfortunate that the OP is asking questions here since there is a lot of authoritative sounding advice already in this thread that is not correct. I also wish the OP would understand that it is copyRIGHT not copyWRITE.

Moon-Lancer, the advice you have received on this thread is worth what you have paid for it. Study, learn, understand. But if you have the slighted doubt about your knowledge, consult someone you are paying to look out for your interests.

 

[szilard]

As I said, I'd have to read the OGL. Glancing at it, the definition of Product Identity is rather unhelpful:

"Product Identity" means product and product line names, logos and identifying marks including trade dress; artifacts; creatures characters; stories, storylines, plots, thematic elements, dialogue, incidents, language, artwork, symbols, designs, depictions, likenesses, formats, poses, concepts, themes and graphic, photographic and other visual or audio representations; names and descriptions of characters, spells, enchantments, personalities, teams, personas, likenesses and special abilities; places, locations, environments, creatures, equipment, magical or supernatural abilities or effects, logos, symbols, or graphic designs; and any other trademark or registered trademark clearly identified as Product identity by the owner of the Product Identity, and which specifically excludes the Open Game Content

I don't see 'names of character classes' in the list, though.

-Stuart

 

[szilard]

Personally, I think it's unfortunate that the OP is asking questions here since there is a lot of authoritative sounding advice already in this thread that is not correct.

I agree that this isn't the place for seeking authoritative advice, but I disagree that this is something that shouldn't be discussed.

The question asked was interesting and relevant. If we restricted questions on these boards to those which could authoritatively be answered on these boards, we wouldn't have very many questions being asked.

-Stuart

 

[Moon-Lancer]

no, i think i got the answers i need. Perhaps i was wrong in thinking that because enworld does publish, that someone at enworld could help. anyway, I think whats going to happen is ism going to have to make my own classes to recreate some characters. thats fine. I was just wondering if anyone had knowledge offhand or if someone had made a module or something with npc that borrowed from classes not in the srd.

I think before I make new classes though, that i may ask wtc if using npcs build with other books, is ok. I realize the you cant copyright swashbuckler, but i also realize that wotc has a class and that class happens to be called swashbuckler and while the class is copyrighted, the term swashbuckler is not.

 

[philreed]

That's the basic idea. You can use stuff in the SRD and Unearthed Arcana.

Not everything in UA is open. There is actually quite a bit of PI in there, much of it not immediately obvious unless you read closely.

 

[Ranger REG]

SEE MY DISCLAIMER BELOW...

So lets assume i want to make my own adventure and I want to publish it. Lets say i want to take an adventure I ran and convert it so anyone could play it. Lets assume I used books like complete warrior and complete arcana. Is it possible to publish a npc with material from these books?

It's possible.

It is also possible that you may violate the OGL if you use more copyrighted material to make WotC suspicious of your content. Since stats may include a bunch of copyrighted contents from a copyrighted book, it may send up a red flag.

It is definitely possible that you violate the OGL (and the d20STL, if you're using it as well) if you refer to the copyrighted book where you got your copyrighted contents that is off-limit.

If its not breaking copy write, how would i make it so its playable even if someone doesent have the book?

Don't use the copyrighted contents.

whats the line and how far can I go before that line is crossed? can I use the same gods in d&d but change their name? How do i keep myself from being sued?

You can use names that are not trademarked. Those that are trademarked tend to have specific context or description relating to that name, like Conan the Barbarian. You can have a red-haired barbarian named Conan but if he's too much like the character created by Robert E. Howard, you could get in legal trouble.

You can use "swashbuckler" because it's not a trademark, but if you use a specific swashbuckler (like from Complete Warriors) copyrighted material, you could put yourself in legal hot water.