OGL and copyright

Moon-Lancer said:
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? If its not breaking copy write, how would i make it so its playable even if someone doesent have the book? what are the procedures for something like that, or is their a faq for something like that? Is it easier to just make up a class that would emulate the npcs abilities?

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?

thanks

While I am not a lawyer I have written (and coded) works that were published.

The idea of copyright is that only you, as the author, has the right to authorize copies of your work made. A work is defined as the physical product you made i.e. the text. Note not the idea that what patents are for.

The OGL is permission granted by the author to copy a given work. Without this permission you are not allowed to copy a work and give it to another person. There are "fair use" exceptions but they are for the purpose of reviewing or commenting on the work. Since you are making a product to sell that won't apply.

Wizard of the Coast doesn't give a OGL license on their expansion books. There are exception like Unearthed Arcana but that about it other than the SRD.

Since the work and not the idea can be copyrighted you can write your own swashbuckler or advanced warrior or arcana stats as long as they are not copies of what wizards written. How close something has to be to be considered a copy is something you need a lawyer for. I do know changing a word or two or a title of the text doesn't cut it. Make your own DEX related Swashbuckler's [Agility, Rhythm, etc] (use a Thesaurus)

You might hear that games rules are not copyrightable. This is true except that the text explaining the rule is copyrightable. So if you can explain the rule in a different way you might be good, but then there might be enough for the author to sue you and even if he loses you still looking at the hassle a lawsuit entails.

The best case is to use only what in the SRD and have been made explicitly OGL. There are plenty of OGL swashbuckler related books you can use. Or just make something original.
 

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Psion said:
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.

If I have a question that can impact whether or not I get sued, I TALK TO MY ATTORNEY. As I have always stressed, if you can't afford a lawyer, chances are you can't afford to defend against a lawsuit.

Is there anyone who DOESN'T have an attorney in the family, or a friend that has an attorney in the family? As a business person, I think it is better to spend a couple hundred dollars on the front end to insure my product is legal than to spend $1000s of dollars later having to pull a product because WoTC decided I was violating the OGL.
 

Bardsandsages said:
If I have a question that can impact whether or not I get sued, I TALK TO MY ATTORNEY. As I have always stressed, if you can't afford a lawyer, chances are you can't afford to defend against a lawsuit.

Is there anyone who DOESN'T have an attorney in the family, or a friend that has an attorney in the family? As a business person, I think it is better to spend a couple hundred dollars on the front end to insure my product is legal than to spend $1000s of dollars later having to pull a product because WoTC decided I was violating the OGL.

Or at the very least, if you can't afford a lawyer (not too unlikely in this industry, given the profits), assume the most restrictive scenario unless the copyright holder tells you otherwise.
 


Mark CMG said:
Could you be more specific?

Not sure if I can...it was some sort of a small-press outfit just starting out, and they wanted to use some WOTC IP in their product (including mind flayers), and they hit this board looking for people to tell them it was OK.

At one point, someone was arguing that stats are equivalent to a recipe, and since you can't copyright a recipe...sure, use the mind flayer stats!

Anyway...a lot of good discussion of IP law and the d20 license, mixed in with the crazy talk.
 


JPL said:
Not sure if I can...it was some sort of a small-press outfit just starting out, and they wanted to use some WOTC IP in their product (including mind flayers), and they hit this board looking for people to tell them it was OK.

At one point, someone was arguing that stats are equivalent to a recipe, and since you can't copyright a recipe...sure, use the mind flayer stats!

Anyway...a lot of good discussion of IP law and the d20 license, mixed in with the crazy talk.


I think I know what you were looking for but could not find it either. It may have been lost in the early 2006 accidental two/three month purge.
 

Ranger REG said:
And do you disagree with USPTO's position regarding software patent?

I think that's too far off the topic of this thread. I invite you to email me if you'd like to discuss further.
 

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