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WotC Announces OGL 1.1 -- Revised Terms, Royalties, and Annual Revenue Reporting

There has been a lot of speculation recently about WotC's plans regarding the Open Gaming License and the upcoming One D&D. Today, WotC shared some information. In short, they will be producing a new Open Gaming License (note that the previous OGL 1.0a will still exist, and can still be used). However, for those who use the new OGL 1.1, which will be released in early 2023, there will be some...

There has been a lot of speculation recently about WotC's plans regarding the Open Gaming License and the upcoming One D&D. Today, WotC shared some information.

In short, they will be producing a new Open Gaming License (note that the previous OGL 1.0a will still exist, and can still be used). However, for those who use the new OGL 1.1, which will be released in early 2023, there will be some limitations added with regards the type of product which can use it, and -- possibly controversially -- reporting to WotC your annual OGL-related revenue.

They are also adding a royalty for those third party publishers who make more than $750K per year.

Interestingly, only books and 'static electronic files' like ebooks and PDFs will be compatible with the new OGL, meaning that apps, web pages, and the like will need to stick to the old OGL 1.0a.

There will, of course, be a lot of debate and speculation over what this actually means for third party creators, and how it will affect them. Some publishers like Paizo (for Pathfinder) and others will likely simply continue to use the old OGL. The OGL 1.0a allows WotC to update the license, but allows licensees to continue to use previous versions "to copy, modify and distribute any Open Game Content originally distributed under any version of this License".


wotc-new-logo-3531303324.jpg



1. Will One D&D include an SRD/be covered by an OGL?

Yes. First, we’re designing One D&D with fifth edition backwards compatibility, so all existing creator content that is compatible with fifth edition will also be compatible with One D&D. Second, we will update the SRD for One D&D as we complete its development—development that is informed by the results of playtests that we’re conducting with hundreds of thousands of D&D players now.

2. Will the OGL terms change?

Yes. We will release version 1.1 of the OGL in early 2023.

The OGL needs an update to ensure that it keeps doing what it was intended to do—allow the D&D community’s independent creators to build and play and grow the game we all love—without allowing things like third-parties to mint D&D NFTs and large businesses to exploit our intellectual property.

So, what’s changing?

First, we’re making sure that OGL 1.1 is clear about what it covers and what it doesn’t. OGL 1.1 makes clear it only covers material created for use in or as TTRPGs, and those materials are only ever permitted as printed media or static electronic files (like epubs and PDFs). Other types of content, like videos and video games, are only possible through the Wizards of the Coast Fan Content Policy or a custom agreement with us. To clarify: Outside of printed media and static electronic files, the OGL doesn’t cover it.

Will this affect the D&D content and services players use today? It shouldn’t. The top VTT platforms already have custom agreements with Wizards to do what they do. D&D merchandise, like minis and novels, were never intended to be part of the OGL and OGL 1.1 won’t change that. Creators wishing to leverage D&D for those forms of expression will need, as they always have needed, custom agreements between us.

Second, we’re updating the OGL to offer different terms to creators who choose to make free, share-alike content and creators who want to sell their products.

What does this mean for you as a creator? If you’re making share-alike content, very little is going to change from what you’re already used to.

If you’re making commercial content, relatively little is going to change for most creators. For most of you who are selling custom content, here are the new things you’ll need to do:
  1. Accept the license terms and let us know what you’re offering for sale
  2. Report OGL-related revenue annually (if you make more than $50,000 in a year)
  3. Include a Creator Product badge on your work
When we roll out OGL 1.1, we will also provide explanatory videos, FAQs, and a web portal for registration to make navigating these requirements as easy and intuitive as possible. We’ll also have help available to creators to navigate the new process.

For the fewer than 20 creators worldwide who make more than $750,000 in income in a year, we will add a royalty starting in 2024. So, even for the creators making significant money selling D&D supplements and games, no royalties will be due for 2023 and all revenue below $750,000 in future years will be royalty-free.

Bottom line: The OGL is not going away. You will still be able to create new D&D content, publish it anywhere, and game with your friends and followers in all the ways that make this game and community so great. The thousands of creators publishing across Kickstarter, DMsGuild, and more are a critical part of the D&D experience, and we will continue to support and encourage them to do that through One D&D and beyond.
 

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overgeeked

B/X Known World
I remember the Kenzer people saying that being able to label their 3e Kalamar stuff as official D&D was worth far more to them than what they could do under the OGL and they were happy with that as part of their settlement with WotC for WotC's infringement of their IP in the Dragon archive CD.
That's a rather unique situation though, yeah? That's not likely to help anyone else. Having a little black, red, and white badge saying "d20" on the cover isn't going to boost most company's sales like that.
WotC has a few options for offering up different incentives. Until they announce something it will be a lot of speculation.

Until WotC announces more all they have announced is a new license with downsides that can be avoided by using the old one.
Right. And some of us are speculating why they'd do that. Why release a new, more restrictive OGL when the old one is trivial to use. One of the very few reasons that make sense is DNDBeyond exclusivity.
I have no doubt they would, if it's offered. But there's no reason WotC can't do both.
No, of course not.
 

Alzrius

The EN World kitten
Well, "not at all" seemed to work for 1.0A.


Exactly. The licence that has to be "authorised" is the one you want to publish under. Far from alleviating my concern, that is the source of it.
I mean, I suppose that WotC could argue that older versions of the OGL are no longer "authorized," but while I'm certainly no lawyer I don't see that argument getting very far if they tried to use it.
 

Charlaquin

Goblin Queen (She/Her/Hers)
What does share-alike mean? Like, posting stuff here? And is the OGL 1.1 really saying you have to register everything with WotC? Is there going to be a content clause, then?
I haven’t read the whole thread so not sure if this has been address already, but it didn’t seem to have been in the first few pages. Share-alike is a kind of copyright license that requires copies or adaptations to be published under the same license as the original. I don’t know if the OGL is a share-alike license, but that would make sense from my (limited) understanding of the OGL. If that’s correct, I suspect they’re using the term “share-alike content” to refer generally content published under either OGL. So, “If you’re making share-alike content, very little is going to change from what you’re already used to” basically means, if you’re used to making content under OGL 1.0, very little will change should you make content under OGL 1.1
 

darjr

I crit!
I mean, I suppose that WotC could argue that older versions of the OGL are no longer "authorized," but while I'm certainly no lawyer I don't see that argument getting very far if they tried to use it.
Not to mention there are probably laws to protect folks agains shenanigans like that.
 



Art Waring

halozix.com
I mean, I suppose that WotC could argue that older versions of the OGL are no longer "authorized," but while I'm certainly no lawyer I don't see that argument getting very far if they tried to use it.
If they could have done that they would have done it already when they released the 4e GSL. This is probably the best solution they can present to the actually-open original OGL.
 

Alzrius

The EN World kitten
Not to mention there are probably laws to protect folks agains shenanigans like that.
Even in the OGL itself, I suspect that would run afoul of Section 4, which says that it grants you a "perpetual" (among other terms) license, which according to Section 13 can only be terminated if you fail to obey its terms. Given that there's no clause about the license being "de-authorized," I think that's probably not going to happen.
 

overgeeked

B/X Known World
I mean, I suppose that WotC could argue that older versions of the OGL are no longer "authorized," but while I'm certainly no lawyer I don't see that argument getting very far if they tried to use it.
And we're right back to the idea that being legally right and being able to afford to prove it in court are two wildly separate things.
 

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