Open Gaming License Question

[TheGnomemaster]

So I am planning on writing a campaign setting. After reading through the Open Gaming License I am confused and need some clarification.

Do I only use material available from the SRD? (Such as spells, prestige classes, and anything else developed by WotC)

Or is it ok to use a monster from the Fiendish Codex II as long as I put a copyright in the back showing that the authors of the book originally wrote the monster?

I really need some help, because I would hate to make Beholders the main villains of the entire campaign setting only to find out that I am not allowed to do such a thing.

 

[Len]

Look for the OGL declaration. If a book has an OGL declaration it will tell you what you can re-use. But I bet you won't find such a declaration in Fiendish Codex II. WotC doesn't publish open content in its books (with a couple of exceptions, like Unearthed Arcana). WotC's open content is almost all contained in the SRD. Everything else is off limits.

Beholders and a few other creatures were deliberately omitted from the SRD. You cannot use them in your own publication.

 

[philreed]

First, throw your D&D books -- if they do not include the OGL -- away.

Only work from the SRD and products that include the OGL.

 

[The Lost Muse]

If it's not in the SRD (www.d20srd.org) then you can't use it.

 

[Nonlethal Force]

What they said.

However, you can use the beholder to inspire a new creation. Perhaps rather than having multiple eye stalks they have one eye stalk with multiple eyes on it. Perhaps they are a different shape. Of course they have a different name. Perhaps they have no mouth, but have tentacles instead. If you make enough changes to them and focus on the differences nobody will know you are talking about beholders even though in your mind this new creation was inspired by beholders.

The trick is, the creature must be distinct from beholders. It cannot be a mere cosmetic change. It must truly be uniquely different.

And ... as always ... take advice here with a grain of salt. Free advice gets you as much as you have paid for it. Get someone who knows the law and can identify if you are treading upon copywritten material.

 

[Bacris]

And ... as always ... take advice here with a grain of salt. Free advice gets you as much as you have paid for it. Get someone who knows the law and can identify if you are treading upon copywritten material.

Actually, copyright has very little to do with it, as unless you copy text verbatim (or copy the text and make minor cosmetic changes), you're not violating copyright

Now, you may be violating the Open Gaming License, which in this situation is far more relevant, as that dictates what content is free to use and what is product identity, but you can't copyright a general concept, or even a name or title. (My day job is in the copyright industry, my night job is writing d20 products )

For example, the concept of incarnum can't be copyrighted, while the actual text in the book is, and the name "incarnum" as that concept is product identity. Referencing the WotC system of incarnum in your book violates Product Identity, but not copyright

The text in the book is copyrighted, but unless a short phrase is trade-marked, it's free to re-use without violating copyright. So unless you're cutting & pasting the text in a WotC book, your fear of violating copyright is minimal. Violating the open gaming license, however, is the more real risk. And for that, I'd sincerely recommend reading the Open Gaming License and understanding it. It's a dry read, but it's important.

And as stated, WotC books as a whole, except for UA, are product identity. All you can use is the SRD and parts of UA.

 

[ghul]

I am not a lawyer, but I also believe they (WotC) cannot claim names from folklore as their product identity. For example, I don't see Leprechauns in the SRD. I'm quite certain you can make a Leprechaun in your adventure, as long as you don't copy the text of a d20 Leprechaun.

--Ghul

 

[Ranger REG]

See My Disclaimer Below...

So I am planning on writing a campaign setting. After reading through the Open Gaming License I am confused and need some clarification.

Do I only use material available from the SRD? (Such as spells, prestige classes, and anything else developed by WotC)

You can use the SRD, and any other designated OGCs from products that have OGL attached.

Or is it ok to use a monster from the Fiendish Codex II as long as I put a copyright in the back showing that the authors of the book originally wrote the monster?

If it's not OGC, you can't use it. You must get expressed permission from the publisher (WotC).

 

[Ranger REG]

I am not a lawyer, but I also believe they (WotC) cannot claim names from folklore as their product identity. For example, I don't see Leprechauns in the SRD. I'm quite certain you can make a Leprechaun in your adventure, as long as you don't copy the text of a d20 Leprechaun.

Which is why I strongly recommend you lock up your WotC's copyrighted books in a box or chest to minimize any influence from those books when making a d20 or OGL product. If you wish to do a Leprechaun's game stats, then draw your own interpretation.

 

[Psion]

Which is why I strongly recommend you lock up your WotC's copyrighted books in a box or chest to minimize any influence from those books when making a d20 or OGL product. If you wish to do a Leprechaun's game stats, then draw your own interpretation.

Or you could tap Necromancer Games' Tome of Horrors Revised, which has leprechaun and a very friendly OGC statement.