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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Hussar

Legend
So, if the new OGL isn’t as good, why would publishers not just keep using the current OGL?

I’m assuming there’s some sort of benefit to using the new OGL?
At the moment, no one really knows. We haven't, as it were, seen the carrot yet.

But, speculatively, probably the biggest carrot will be access to the D&D Beyond platform in some form. Granted, that's not guaranteed. After all, you don't use the OGL to sell on DM's Guild. All that stuff there is closed content. Presumably, the stuff that's allowed on D&D Beyond will go in a similar direction.

Another thought is that some of the new races will be included in the SRD. After all, the 5e SRD includes Dragonborn, so, it's likely that if Ardlings become a new race, they will be included in the new SRD which, likely, you will need to use the newest OGL to use. Or, am I misunderstanding that? Can you use an older OGL with a newer SRD? I'm getting confused as I type this, so, Y'know what? I'm going to shut my trap and let other people answer better than I can.

:/
 

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UngainlyTitan

Legend
Supporter
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?)
Why is a Roll20 Module or Foundry Module not static as far as I can tell a FantasgyGrounds Mod is static or at least as static as a web page.
 



Staffan

Legend
With DMsGuild, you have to hope the exposure more than doubles your sales. If it does, it's still a net win after you cough up 50% of the revenues. If not, you'd be better off under the OGL either on DriveThru or doing your own thing.
If you sell on "regular" DrivethruRPG I believe they take 30-35%, depending on whether you sell that thing exclusively via DTRPG or not. So you're effectively paying Wizards another 20% on top of that in exchange for access to their IP and a more visible storefront. Whether that's a good deal or not is something for the writer/publisher to decide.
ninja'd by @Nikosandros

Not apparently. The OGL states that you can use any OGC with any version of the OGL. If they release the 1D&D SRD by way of the 1.1 OGL, you can still use that in your 1.0a OGL product.

*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 a ny Open Game Content originally distributed under any version of this License. *
Yeah, to my understanding it's like this:
OGL 1.0a offers a few things, which we can call A, B, and C in exchange for some considerations, which we can call O.
If OGL 1.1 only offers A and B, or demands further considerations P and R in order to offer A, B, and C, no-one is going to use it and instead keep using 1.0. So they need to sweeten the pot somehow, either offering A, B, as well as D and F (but not C) in exchange for O, P, and R. But you'd be able to use either license to create new stuff, but you can't mix and match (using A, B, C, and D).

They must also be considered versions of the same license. v1.1 might declare itself to be a new distinct license.
That would, I think, break any connection to pre-existing OGC. In other words, I could not make an adventure for 5.5e and include a monster from Tome of Horrors (released under 1.0a).
 

UngainlyTitan

Legend
Supporter
As a publisher, I want to know if it's net or gross. I don't want to make any assumptions. Gross? Then I qualify for over $50,000. Net? Then I'm still technically in the red lol.

And yeah, I can work with the current OGL and not need the new one if it's Gross. Maybe. It depends on what 1DnD will ultimately look like for the SRD.
It appears to me that for 1.1 open content and going by what we have seen in the UAs the 5.1 SRD should be a good enough basis to work with for now, but I would expect that D&D will gradually drift from that 1.1 OGL base. So by 10 - 20 years you would have to use the new licences.
 

UngainlyTitan

Legend
Supporter
Never minding though that a Roll20 Module isn't published under the OGL. At least, not if it's anything like Fantasy Grounds.
Yep you are correct but I do not see the issue with mods of OGC content. The files are still static information. The automation on FantasyGrounds is a language parser that drives a die roller. It does not modify any original gaming content.
 


eyeheartawk

#1 Enworld Jerk™
There is a heavy dose of fan entitlement going around. An assumption that D&D would be better without WotC and in the hands of the fans. What would happen if WotC fails, of course, is a dozen Paizos all would be fighting for some shred of the market using different versions of SRD based games. It would balkanize D&D's fan base once and for all.
It's not fan entitlement to complain that the new version of something is objectively worse for literally everybody except the giant corporation. Tell me, how is OGL 1.1 better for anybody but Hasbro?
 

eyeheartawk

#1 Enworld Jerk™
The reason I'm really inclined to believe that the carrot is integration into the 2024 DnD Beyond/VTT ecosystem (whatever that ends up being called) is that bit about the $750K threshold for royalties. How would they enforce that? The easiest answer? From sales data. On their own digital storefront.
 

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