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 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.
 
Last edited:

log in or register to remove this ad

Loren the GM

Adventurer
Publisher
This bit is interesting too:

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.

This would seem to indicate that things likes character creation utilities and discord bots and the like are all out of bounds. It is anyone's guess how vehemently WotC will pursue these things, though.
I'll also be interested to see what happens with things like VTT conversions of Kickstarter adventures. As a Roll20 module or Foundry module isn't a static electronic file like a PDF, will these now require a special license to convert and sell? And will things like Level Up be required to acquire a special license to do things like provide the online tools (obviously not the current iteration, as that is all under the previous OGL, but if they or another creator making something similar were to publish a new version under 1.1?)
 

log in or register to remove this ad


darjr

I crit!
Not sure what you see as a problem… I can’t imagine very many creators are making more than 50K a year, except for Kickstarter things. And if you’re generating over 750K a year asking for a royalty sounds okay to me. Of course I‘m not a creator and I know the margins are small on rpg products, but if you must pass that royalty cost along to the customer. I’d hope it wouldn’t be a huge per piece price increase.

I can kind of see privacy issues with telling WorC how much your making and what you are making - but if it’s a Kickstarter that info is out there already so not really…

id love to hear from you what you think might be issues as I can’t really think of one.

(just to be clear, I’m asking cause I‘m interested… I’m not trying to argue or challenge you… )
No worries.

Just a first blush. Might just be an aversion to change. You make great points.
 

Thanlis

Explorer
Hm, interesting that they're putting out an OGL version 1.1.

My question is, given that the new 1D&D SRD that they mention will almost certainly only be put out for the OGL v1.1, does that mean that you can't use it if you prefer to publish products under the current OGL v1.0a? I ask because there are technically two versions of the OGL out right now, the original v1.0 and the current v1.0a (though I'm unclear on what the differences between them are), and insofar as I know there's never been a problem using any SRD with either of them, regardless of which they were released under.
We can't know for sure until the final version is published, but based on this I would certainly assume that One D&D will only be licensed under OGL v1.1. This is a normal kind of practice; if you look around in the world of Creative Commons you'll see material licensed under specific versions of the license.

I am not 100% sure there are any differences between OGL 1.0 and OGL 1.0a. The Open Gaming Foundation version of the license is versioned as 1.0a, but the copyright notice references only version 1.0. I don't have a copy of the 3.0 or 3.5 d20 SRDs handy or I'd check to see what was used.

The big open question is whether or not you'll be able to replicate One D&D mechanics using material in the existing D&D 5th Edition SRD, which is licensed under OGL 1.0a. If so, you could use the existing OGL, although I suspect you'd want to be pretty careful. If not, you'd be forced to OGL 1.1.
 



Morrus

Well, that was fun
Staff member
@Morrus this is a tangential point, but do you happen to know what the differences are between the OGL v1.0 and the current OGL v1.0a? The news about the v1.1 has me interested in the changes in the prior versions.
Here's v1.0:

The following text is the property of Wizards of the Coast, Inc. and
is Copyright 2000 Wizards of the Coast, Inc (“Wizards”). All Rights
Reserved.
1. Definitions: (a)”Contributors” means the copyright and/or trademark
owners who have contributed Open Game Content; (b)”Derivative
Material” means copyrighted material including derivative works and
translations (including into other computer languages), potation, modification,
correction, addition, extension, upgrade, improvement, compilation,
abridgment or other form in which an existing work may be
recast, transformed or adapted; (c) “Distribute” means to reproduce,
license, rent, lease, sell, broadcast, publicly display, transmit or otherwise
distribute; (d)”Open Game Content” means the game mechanic and
includes the methods, procedures, processes and routines to the extent
such content does not embody the Product Identity and is an enhancement
over the prior art and any additional content clearly identified
as Open Game Content by the Contributor, and means any work covered
by this License, including translations and derivative works under
copyright law, but specifically excludes Product Identity. (e) “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; (f) “Trademark” means the logos, names, mark,
sign, motto, designs that are used by a Contributor to identify itself or
its products or the associated products contributed to the Open Game
License by the Contributor (g) “Use”, “Used” or “Using” means to use,
Distribute, copy, edit, format, modify, translate and otherwise create
Derivative Material of Open Game Content. (h) “You” or “Your” means
the licensee in terms of this agreement.
2. The License: This License applies to any Open Game Content that
contains a notice indicating that the Open Game Content may only be
Used under and in terms of this License. You must affix such a notice
to any Open Game Content that you Use. No terms may be added to or
subtracted from this License except as described by the License itself.
No other terms or conditions may be applied to any Open Game Content
distributed using this License.
3. Offer and Acceptance: By Using the Open Game Content You indicate
Your acceptance of the terms of this License.
4. Grant and Consideration: In consideration for agreeing to use this
License, the Contributors grant You a perpetual, worldwide, royaltyfree,
non-exclusive license with the exact terms of this License to Use,
the Open Game Content.
5. Representation of Authority to Contribute: If You are contributing
original material as Open Game Content, You represent that Your Contributions
are Your original creation and/or You have sufficient rights
to grant the rights conveyed by this License.
6. Notice of License Copyright: You must update the COPYRIGHT
NOTICE portion of this License to include the exact text of the COPYRIGHT
NOTICE of any Open Game Content You are copying, modifying
or distributing, and You must add the title, the copyright date, and
the copyright holder’s name to the COPYRIGHT NOTICE of any original
Open Game Content you Distribute.
7. Use of Product Identity: 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. You agree not to indicate compatibility
or co-adaptability with any Trademark or Registered Trademark
in conjunction with a work containing Open Game Content except as
expressly licensed in another, independent Agreement with the owner
of such Trademark or Registered Trademark. The use of any Product
Identity in Open Game Content does not constitute a challenge to the
ownership of that Product Identity. The owner of any Product Identity
used in Open Game Content shall retain all rights, title and interest in
and to that Product Identity.
8. Identification: If you distribute Open Game Content You must
clearly indicate which portions of the work that you are distributing are
Open Game Content.
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.
10 Copy of this License: You MUST include a copy of this License with
every copy of the Open Game Content You Distribute.
11. Use of Contributor Credits: You may not market or advertise the
Open Game Content using the name of any Contributor unless You have
written permission from the Contributor to do so.
12 Inability to Comply: If it is impossible for You to comply with any
of the terms of this License with respect to some or all of the Open
Game Content due to statute, judicial order, or governmental regulation
then You may not Use any Open Game Material so affected.
13 Termination: This License will terminate automatically if You fail
to comply with all terms herein and fail to cure such breach within 30
days of becoming aware of the breach. All sublicenses shall survive the
termination of this License.
14 Reformation: If any provision of this License is held to be unenforceable,
such provision shall be reformed only to the extent necessary
to make it enforceable.
15 COPYRIGHT NOTICE
Open Game License v 1.0 Copyright 2000, Wizards of the Coast, Inc
 

Alzrius

The EN World kitten
We can't know for sure until the final version is published, but based on this I would certainly assume that One D&D will only be licensed under OGL v1.1. This is a normal kind of practice; if you look around in the world of Creative Commons you'll see material licensed under specific versions of the license.
Actually, upon re-reading the current OGL, it turns out the answer was there all along, specifically on part 9:

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.

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.
 

Voadam

Legend
So it sounds like all wotc wants is that video game designers ask them politely?
No, it looks like they are trying to lock out video game designers from making stuff under the 1.1 OGL to try to require them to have a separate specific license with WotC. There does not seem to be an indication that just asking politely is sufficient on its own. WotC could respond with yes and nothing else for a video game developer polite ask, but I think this is to set up a monetary license and WotC approval situation.
 
Last edited:

Thanlis

Explorer
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.

You are 100% correct -- I was just doing a compare of the two versions (thanks, Morrus) and I noticed the same thing.

I'd be interested in putting a small bet down on WotC deciding that the new license will be completely new, and not just a new version.
 

Remove ads

Remove ads

AD6_gamerati_skyscraper

Remove ads

Recent & Upcoming Releases

Top