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Using the GSL & OGL in the same publication
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<blockquote data-quote="pemerton" data-source="post: 6149382" data-attributes="member: 42582"><p>Under clause 7 of the OGL,</p><p></p><p style="margin-left: 20px">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.</p><p></p><p>Under clause 1(e) of the OGL, </p><p></p><p style="margin-left: 20px">"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</p><p></p><p>In other words, as part of the OGL you make a contractual promise not to use WotC "Product Identity" as defined above - to put it another way, you reach a contractual agreement that gives you fewer rights than you might enjoy under IP property law per se.</p><p></p><p>If you use the GSL then you would have another, independent agreement permitting you to use 4e "product identity". The most relevant clause of the GSL would seem to be 4.1, according to which</p><p></p><p style="margin-left: 20px">Licensee will not define, redefine, or alter the definition of any 4E Reference in a Licensed Product.</p><p></p><p>In other words, your dragonborn and tiefling would have to be WotC ones and not redefined or altered Parsantium ones.</p><p></p><p>At least, that's my take. I am an academic lawyer but don't have a practicising certificate (and if I did it would be for Australia, not the US!). So the above isn't legal advice, just my own take on construction of the two instruments and their interaction.</p></blockquote><p></p>
[QUOTE="pemerton, post: 6149382, member: 42582"] Under clause 7 of the OGL, [indent]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.[/indent] Under clause 1(e) of the OGL, [indent]"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[/indent] In other words, as part of the OGL you make a contractual promise not to use WotC "Product Identity" as defined above - to put it another way, you reach a contractual agreement that gives you fewer rights than you might enjoy under IP property law per se. If you use the GSL then you would have another, independent agreement permitting you to use 4e "product identity". The most relevant clause of the GSL would seem to be 4.1, according to which [indent]Licensee will not define, redefine, or alter the definition of any 4E Reference in a Licensed Product.[/indent] In other words, your dragonborn and tiefling would have to be WotC ones and not redefined or altered Parsantium ones. At least, that's my take. I am an academic lawyer but don't have a practicising certificate (and if I did it would be for Australia, not the US!). So the above isn't legal advice, just my own take on construction of the two instruments and their interaction. [/QUOTE]
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