johnsemlak said:
My understanding is that it is possible for a d20 publisher to ask WotC for permission to refer to material outside the SRD (a monster from FF or MMII, a spell from T&B, a prestige class from the splattbooks, etc). Is this in fact possible and do many 3rd party publishers do this?
I've often thought doing so would be particularly useful for adventures, which at times seem somewhat constrained by only using material from the SRD.
A number of publishers, even a few very small publishers, have obtained permission to use limited WotC material in some products.
Despite the popular internet theory of the "evil corporate empire," WotC is generally willing to grant permission. All this means is that they exert somewhat tighter control over certain material, trademarks, etc. You (probably) have to include some sort of specific statement to the effect "X used by permission of Wizard's of the Coast" and make it clear that whatever you do use is NOT put into OGC (open gaming content).
If you want to use a monster, prestige class, feats, etc. it is probably going to be approved. Things almost certainly NOT to be approved include specific elements of campaign settings (don't plan to write and adventure for Waterdeep or another major FR/GH/Dark Sun/etc. city), items they are planning to include in an upcoming book. If you are writing something that involves subjects such as blatant sex crimes, heavy drug use, child kidnapping, they probably won't want to be involved either (changes to the d20 license probably preclude that being d20 now anyway).
The very first step is to ask. When you ask, make sure you state exactly what you want to use, what product it is going to be in, why you want to use it, etc. Make absolutely clear that you are not infringing on one of their campaign settings, etc. Expect the request to take a long time to answer, you could get lucky, but don't count on a quick answer. Based on what I have seen, the size of your product or publisher isn't really going to alter your chances, so don't count yourself out for any reason. If you are in a rush to publish something, do without the protected material, you are certainly not going to get "fast" approval.
Patrick