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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dbolack

Adventurer
I'm sorry I might not have been clear. I was just talking about the current DMsguild, not any new royalties under the new OGL. This is a very nuanced topic with lots of technical terms. When we are discussing these complicated topics, I think we should all try to more specific with our terminology, and clarifying our points. It is really easy in these long complicated threads for people to talk past each other.

When you compared the rate for DMSGuild to the rate for DriveThru, you were comparing different things, which is what I was talking about.
 

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mamba

Legend
Also, notice that now videos, websites and other media other than print are not going to be allowed to use OGL 1.1 content.
That means no competing with D&D Beyond kids, No Level Up Tools website next time, and also that there might never be another Critical Role (at least there will not be using OneDnD or later) --- this deal keeps getting worse all the time!
Seems like quite an overreaction. VTTs already have separate licenses and I doubt Critical Role needs any license to stream them playing.

I am not sure much changed at all here, outside of reporting income and paying a fee if it exceeds 750k. Not a fan of those, but I certainly do not see the issues you bring up. Not sure of the LevelUp tools, they might be the most gray area to me. Don’t see any issue with eg map generators, but not sure what else they have.

Otoh if you can choose to stay on 1.0a as some say, even that is mostly moot. Still waiting for the carrot that makes the stick sufficiently interesting…
 



Does it become "misleading" or legally problematic to call it an "Open Gaming License 1.1", if its terms are no longer an "open license"?

It is still very open.
I mean. 50k income per year is not that bad. After taxes and expenditures it is way less, but still quite some income. And since you have to do bookkeeping for taxes anyway, reporting it to wotc if you go over the margin does not seem too much of an effort.
The first blurb, I assume is just new form of accepting. So instead of accwpting the terms by printing the ogl verbatim into your book, you now have to also make some clicks online.
 


FrogReaver

As long as i get to be the frog
This makes me wonder all the more of the viability of a DMsGuild conversion guide offering. Build the core parts under 1.0 and, if there's any gap, add a cheap or free conversion guide under 1.1.
I would be afraid that the conversion guide would run afoul of the 1.0 OGL. Which presumably (to my understanding) would mean WOTC could take legal action against you for breach of the original 1.0 license - whether they would or not is still a question.
 

A shockingly large number of "name brand" creators don't reach this threshold, unfortunately.

So thw carrot everyone is speaking of might be targeted at them.
Integrate it into dndbeyond and maybe raise their income aove the treshold.

I am still not sure, why the reporting needs to be in the OGL. It could just come with a contract when using dndbeyond or so like there is with dmsguild.
Maybe we are all missing something here.
 

FrogReaver

As long as i get to be the frog
So thw carrot everyone is speaking of might be targeted at them.
Integrate it into dndbeyond and maybe raise their income aove the treshold.

I am still not sure, why the reporting needs to be in the OGL. It could just come with a contract when using dndbeyond or so like there is with dmsguild.
Maybe we are all missing something here.
My guess - because OGL 1.1 can be used for more than DMsGuild or Beyond content and they would have no basis to know who to demand royalties from if they didn't ask for the income information in the same document stating what royalties are owed. Courts are unlikely to let them do a fishing expedition into all the other companies using the OGL 1.1 on the off chance one might be in breach of contract with no actual evidence they are. And most likely, even if they could do the fishing expedition - the legal fees needed to do so would cost far more than the royalties they would gain.
 

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