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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".


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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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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.

I could be wrong but I think very little of the common wisdom regarding RPGs and IP have been tested in the courts. That can sometimes produce unexpected results if it ever goes there.
 

Alzrius

The EN World kitten
Section 9:
Updating the License: Wizards or its designated Agents may publish updated versions of this License. You may use any authorized version of this License to copy, modify and distribute any Open Game Content originally distributed under any version of this License.

Authorized version. If WotC will revoke the authorization, section 4 will be voided, and so all the "perpetual grants". There are no writings about not revokability of the OGL authorization.

I'm no lawyer, but if this loophole is usable, they could kill all the previous OGL 1.0a releases...
There is no provision in the OGL for revoking authorization. On the contrary, it expressly states that the license is perpetual in nature.
 

MoonSong

Rules-lawyering drama queen but not a munchkin
Section 9 of the OGL flat-out states that any Open Game Content (including the 1D&D SRD) can be used with any version of the OGL, so there's no reason for anyone to use the new version, as that seems to offer additional restrictions for no real advantages. The only thing I can think of is that they'll say this is a separate license that doesn't count as a new version of the OGL in terms of using its Open Game Content with older versions of the OGL...but the very fact that they're calling it the "OGL v1.1" flies in the face of that.
I think the loophole would be that they would call the content in the 1DD something other than OGC. That way locking it into the new version of the OGL while technically letting it open.
 

Morrus

Well, that was fun
Staff member
For the folks that do not remember. There was a bloke putting things on a web site. An IP Lawyer. I think it was monster stat blocks. WotC sent a cease and desist and he came here to post on the thread about it. Said WotC would back down, and they did. If I remember correctly it was all based on the "rules can't be copyrighted" argument. I'll see if I can find that thread.
Frylock. Also, Americans saying ‘bloke’ makes me happy.
 

Alzrius

The EN World kitten
I think the loophole would be that they would call the content in the 1DD something other than OGC. That way locking it into the new version of the OGL while technically letting it open.
That's true, though if they're creating an entirely new category of material then I have to wonder if they're closer to drafting an entirely new license, rather than a v1.1 iteration of the OGL.

Though given that they're adding registration provisions, royalty requirements, and language about the mediums the OGL covers, I suppose WotC thinks otherwise.
 

Complaining about these creators trying to make money from their creative endeavors . . . . sigh.
My point is that the whole #opendnd thing is really about creators having access to a particular market and in terms favorable to them. You can search the hashtag for yourself on twitter, but what I see is that some people are claiming an ethical high ground on the basis of being small and independent, yet they are apparently not so small or so independent that they would risk creating things for a non-wotc game. Despite their tone, it's really not about ethics or creative expression or "community," it's about who gets to profit and by how much.
 

J.Quondam

CR 1/8
Where have I seen this before....
Well yeah, they'd have to walk a very fine line to avoid another GSLtastrophy, from a PR perspective. But publicity aside, they could certainly still make it an open license much like the existing one. They could even copy-paste much of existing OGL verbiage and layer on their new conditions and requirements.

The main point, though, would be to make it legally distinct from the OGL, to avoid these sorts of issues over what constitutes "authorized" or "updated version" or whatever. Give the new open license a name other than "OGL," and those concerns vanish, wouldn't they?
 

Micah Sweet

Level Up & OSR Enthusiast
Actually, upon re-reading the current OGL, it turns out the answer was there all along, specifically on part 9:



So that makes it very clear that, even if the 1D&D SRD is only published under the OGL v1.1, it doesn't matter; you can use it with the existing OGL just fine.
Which is why I don't understand why anyone would sign onto a version of the license that is any more restrictive than the current one. You can copy material they publish for 1.1 and release it under 1.0, if I understand section 9 correctly.
 

Alzrius

The EN World kitten
The main point, though, would be to make it legally distinct from the OGL, to avoid these sorts of issues over what constitutes "authorized" or "updated version" or whatever. Give the new open license a name other than "OGL," and those concerns vanish, wouldn't they?
In that case, yes. If this was a separate license altogether, then the points about the OGL Section 9 and similar concerns become moot. Just like how the OGL is like a lot of open-software licenses, but isn't the same license as any of them, a brand new license on WotC's part would technically be outside the purview of the OGL, even if it was created to do a lot of the same things.

But I'm no lawyer, so take that with a grain of salt.
 

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