The Day Has Come! It's An OGL! And A Store To Buy & Sell D&D 5E Products!

The day has finally come! WotC has just announced a Dungeon Master's Guild. "There’s a new way to buy and share D&D adventures. With the Dungeon Master’s Guild, you’ll be able to self-publish material set in the Forgotten Realms using monsters, spells, characters, and locations." You can self-publish D&D materials, and buy, sell, and share it. It's a partnership between WotC and OBS (the company which runs DTRPG and RPGNow) and they take 50% of the revenue. The guild is only accepting 5E material set in the Forgotten Realms. Not only that, but there's also a new SRD (System Reference Document) for use with the Open Gaming License (OGL)!

So the store, called the Dungeon Master's Guild, is here. It already has some stuff in it. The System Reference Document is here. I'm sure that over the coming days, there will be plenty of in-depth analysis of what all this means. The SRD is an enormous 360-page PDF containing the rules of the game - as yet I haven't had chance to look closely art what's there and what's not. You have two options - publish under the OGL using the SRD, or publish in the Dungeon Master's Guild. The former lets you do more varied stuff, while the latter has tempting nuggets like the possibility of publication by WotC. The OGL route - as far as I can see at first glance - doesn't offer a way to indicate compatibility, or any kind of logo you can use.

There's a bunch of information on the DG (I'll call it that for the moment, because typing out the whole thing is already getting arduous - we need an acronym, and DMG is already taken!), and here are the salient points as far as I can tell:

• You can use a bunch of WotC's IP, including brand names and other vital stuff.
• It's affiliated with DTRPG, and if you charge money it costs you 50% of your revenue (DTRPG normally charges 40% or so).
• There are resources - templates stock art, et. you can use.
• Your work has to be set in the Forgotten Realms. Additional settings may open up later. [UPDATE - you can publish setting agnostic stuff, but if it's in a setting, that setting must be FR]
• You have to agree to a Community Content Agreement (below).
• You cannot sell your stuff elsewhere. It's an exclusive deal.
• You keep ownership of your own IP, but others can use it.
• Your work might be selected for use in an official D&D product or video game.
• There's no approval process, but they reserve the right to withhold payment and pull your content if you break the content guidelines.

​

[h=4]The Community Content Agreement[/h]
For those having trouble finding it, here it is:

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Changelog


We will update this section if/when we make updates to this Agreement.

 

[MerricB]

Either the DMGU allows OGL material or it doesn't; there's no point in only allowing OGL "that you create", because then you can't even use the SRD.

Note that I'm not looking for a way to do this; I see this as an event that might very well happen, and I'm wondering how it'll play out.

So there's a 1st level spell called blacksteel in The Seven Sisters (Code of the Harpers didn't have many spells, as it turns out.) You update it to 5e and publish it on DMGU as part of a collection called "Spells of the Seven Sisters", which also includes a number of spells you created. You use the OGL, and the text of all spells is compliant with the SRD & OGL. You declare all spells to be Open Game Content under the OGL. Maybe you do it because you're ignorant of the legalities, or you don't care, or whatever. You're not opening up the Simbul, or Laeral Silverhand, or any of those things that are clearly PI.

So what happens?

The easiest route that I can see is to not allow OGL material in the DMGU.

You can't use OGL material you didn't create in the DMGU. You need to have full rights to anything you contribute to the DMGU, or it had to already be in the DMGU. Thus, any OGL material from another source (e.g. Pathfinder) is out: you don't have full rights, only a license.

You can't add DMGU stuff to the OGL because the OGL does not allow you to add additional terms to the use of the OGC, something that DMGU requires you to do.

If someone tries to add the OGL to a DMGU product, it breaches the terms of both the OGL and the DMGU.

Cheers!

 

[Prime_Evil]

It's been done a lot, but it makes me uncomfortable. If WotC was more litigious about this, "floating eyeballers" seems like a perfect target for a copyright suit. I think it much more honorable to just go a different way. Between the SRD MM, the three Tomes of Horrors, three Creature Collections, the 5 Pathfinder Bestiaries and any number of other D&D/PF/OSR bestiaries, there's another option. Note what Paizo did to replace the Slaad; they produced the Proteans that fulfilled the need for CN outsiders without being the least bit like the Slaad.

Actually, this is an interesting case.

I met the science fiction author Charles Stross at a book signing a few years back and got him to sign my copy of the 1e Fiend Folio. While I was talking to him, he indicated that he never granted the UK subsiduary of TSR perpetual rights to any of the creatures that he created (slaadi, githyanki, githzerai, and death knight). So the subsequent use of them by TSR / WoTC in publications may violate his copyright

He seemed quite amused by this fact, but wasn't really bothered by it. However, it it possible that WoTC may not actually own the copyright to some of the creatures that they claim as Product Identity unless they have entered into a seperate licensing agreement with the original author. I wouldn't want to be the one to test that theory in court though

It would be interesting to know the legal status of the other third-party contributions to D&D canon from the Fiend Folio if the contracts didn't grant TSR perpetual rights to them, although this probably isn't a can of worms that anybody wants to open.

 

[Nellisir]

You can't use OGL material you didn't create in the DMGU. You need to have full rights to anything you contribute to the DMGU, or it had to already be in the DMGU. Thus, any OGL material from another source (e.g. Pathfinder) is out: you don't have full rights, only a license.

You can't add DMGU stuff to the OGL because the OGL does not allow you to add additional terms to the use of the OGC, something that DMGU requires you to do.

If someone tries to add the OGL to a DMGU product, it breaches the terms of both the OGL and the DMGU.

Cheers!

Ergo, there's absolutely no point in using the OGL in anything you publish on DMGU because legally, you can't even use the SRD. (Obv. you can use the PHB/MM/DMG). Cool.

Thanks!

 

[Nellisir]

What I'm saying is that while WotC has give you some ability to use existing Forgotten Realms stuff in things you post to DMGU, they haven't given you any right at all to license that content under the OGL. You don't get to just slap a license on something you derived from their stuff and call it a day, that's not how licenses work.

Tou can create a clone of a spell by rephrasing/rewriting the text. That's been done. Extensively. The mechanics aren't copyright-able, just their expression. What you can't do is call it "Spells of the Seven Sisters", identify it as a Forgotten Realms product, and sell it. Except that now you can.


MerricB points out the basic issue though, which is that the OGL itself isn't compatible with the DMGU, so it's either OGL or DMGU. Doesn't really negate the concept, but does take it down a few pegs.

 

[MechaPilot]

I have to admit to some confusion here based on the checklist on the SRD announcement page.

"I want to publish my original campaign world using fifth edition rules" has an X in the OGL column, but "I want to sell my product in the D&D online marketplace" has an X in the DM's Guild column. Does that mean that you cannot make your own setting using 5e rules and offer it in the marketplace?

 

[Yaarel]

First of all, you still hold the copyright to material you release under the OGL. The OGL is an additional license that allows you to use other people IP in exchange for sharing your own.

That said, I consider declaring the proper names of characters, places, events, and so forth Product Identity, and making everything else OGC, to be the default, baseline option. It is, in large part, exactly as complicated as you chose to make it.

For instance, you write a new spell. You could call it Ygart's Goldenfist, or you could call it goldenfist. The first is more complicated than the second. If you interweave a lot of fluff material into the mechanics of the spell ("Ygart hated dwarves, and the spell inflicts double damage on dwarves."), it's more complicated than if you put the fluff in one paragraph and the description of the spell effect in a separate paragraph. (I'd say the latter is also better writing.)

You can also use different fonts to designate PI from OGC. Atlas Games did this on some occasions. I thought it was a big hassle.

Overall, I think the more difficult you make your OGC, the less reward you're going to get out of it. There are publishers I stopped buying from because their declarations were intentionally obscure. There are products I picked up because I knew I could reuse parts of them, if I wanted to, without leaping through giant hoops.

The hard fact is that almost everyone who's inclined to self-publish thinks their stuff is better than yours, and your stuff isn't worth stealing. If they do think yours is better, then it's probably good enough to have a significant audience that will recognize a plagarized product, since your audience and the ripoff artist's audience are the same.

If you're really concerned that no one else use a really awesome monster you created, or a spell, or a feat, then you're probably better off not publishing at all, or creating your own system and not using the OGL, rather than trying to build a private palace on a public foundation.

I appreciate your various comments, Nellisir.

The point of the example of the spell wasnt so much to prevent it from becoming Open content. But concerns about plagiarizing the SRD5, by failing to ‘clearly’ attribute entangled/blended/modified derivative material, that derives from the SRD5. I know the OGL explicitly allows derivation and modification, but that word ‘clearly’ concerned me because derivative material is anything except clear. Where the source material ends and the new creative material begins is normally inherently unclear.

In these discussions, the ‘clearest’ way to attribute Open Content for any product, is to also create a separate SRD-like document that lists all of the rules that the product uses. That way, the new content that is intended for Open use is clearly spelled out for others to reuse without worries. Also, comparing the new SRD-like document with the source SRD5 document makes it clear which terms are being used and how they are being modified.

Pathfinder does something like this via their PF SRD, spelling out Open Content in the clearest way possible. I havent read it yet, but Morris says he does something similar, by continually adding Open Content to a section of this website. Comparing the PF SRD with the 3e d20 SRD makes it ‘clear’ what Pathfinder is using and how - without requiring ten million footnotes.

 

[Xohar17]

I have to admit to some confusion here based on the checklist on the SRD announcement page.

"I want to publish my original campaign world using fifth edition rules" has an X in the OGL column, but "I want to sell my product in the D&D online marketplace" has an X in the DM's Guild column. Does that mean that you cannot make your own setting using 5e rules and offer it in the marketplace?

That is correct, you can only publish forgotten realms, and setting agnostic content on tje DMGuild, if you want to publish your own seting you can use the OGL

 

[pkt77242]

I don't think so, for various reasons.

A lot of the early issues are in a bit of a limbo copyright-wise - some authors retained some rights while others did not, and some of the contracts are unavailable for checking. Effectively, nobody can use that material.

Anything in the modern era (at least issue 251 onwards) is copyright WotC, and may be useable. But I think they're only currently allowing FR-specific things to be added. So any FR-specific monsters should be fine, but anything else is probably still off-limits.

In any case, it might be best to drop them a line - this does sound like the sort of thing they might be quite keen to see on DMguild, so they may well be happy for you to go ahead.

A very important note: I'm not a lawyer. If you're going to publish, you'll want to consult one.

Huh? I believe that setting agnostic things (adventures, monsters, classes, etc) are allowed as well.

 

[Hussar]

One good thing I can see coming out of having a centralized hub for OGC is it makes it much easier for cross pollination. In the early days of the OHL, there was very little of that and we had a lot of overlapping products for very small niches. For example I own four OGL versions of 3e naval rules which all are pretty similar.

This way, if someone were to write a supplement, hopefully their first job would be to check the site and see what's already been written. Then either go in a new direction or directly build on existing OGC.

So instead of four standalone naval books, maybe we get one with three add ons building off the first.

That's my hope anyway.

 

[Yaarel]

Question: I see that certain things were left out of the OGL (some subraces, spells, subclasses, and stats for certain monsters such as the Mind Flayer, etc.) Does this mean that if I publish my own campaign world, I cannot even MENTION the existence of such things? (i.e. "The Darkforge cavern complex, once controlled by Dwarves, is now infested with Mind Flayers.") I can't state that a given forest is populated by Wood Elves, just High Elves or generic "Elves"? Can I state something along the lines of "All the classes and races in the PH exist in the World of Redilia, and are available for PCs to choose from"?

You create a non-Realms setting, using OGL. You use the ‘High Elf’ subrace from the SRD5. But it omits the ‘Wood Elf’.

Normally this means, the Wood Elf is off limits, and you cannot use it. But in this case there is a work around.

The OGL applies to both the SRD5 and also still applies to the original SRD3.

In fact, the SRD3 happens to mention various Elf subraces, so you can legally use any of these if you want:

Wood Elf, High Elf, Gray Elf, Dark Elf (Drow), Wild Elf, plus Aquatic Elf.

And because the OGL allows you to modify SRD3 content, you can tweak them or even drastically reinvent them, to however makes sense in your setting.

Because the SRD3 includes Unearthed Arcana race variants, there is an enormous amount to play with.