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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Nikosandros

Golden Procrastinator
Because it's going to be "the current edition." And if you want to keep up with that, to have the latest/most compatible version of the game, you'll have no choice. Otherwise, you're publishing a retroclone.
But Section 9, specifies that you can use any version of the license with material released under any version. So, what prevents someone from using 1.0 with material released under 1.1?
 

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Reynard

Legend
Because it's going to be "the current edition." And if you want to keep up with that, to have the latest/most compatible version of the game, you'll have no choice. Otherwise, you're publishing a retroclone.
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. *
 

eyeheartawk

#1 Enworld Jerk™
But Section 9, specifies that you can use any version of the license with material released under any version. So, what prevents someone from using 1.0 with material released under 1.1?
The fact that, admittedly presumably, that you wouldn't be able to sell it on the new digital hub that Hasbro wants to make central to everything. If it's as big as they're hoping that'll be a big factor to consider.
 

J.Quondam

CR 1/8
But Section 9, specifies that you can use any version of the license with material released under any version. So, what prevents someone from using 1.0 with material released under 1.1?
Is the term "version" specifically defined anywhere? I suspec that word could be leveraged at least to cause some legal indigestion for small-time creators.
 

Reynard

Legend
The fact that, admittedly presumably, that you wouldn't be able to sell it on the new digital hub that Hasbro wants to make central to everything. If it's as big as they're hoping that'll be a big factor to consider.
Which can only really be the case if Beyond becomes not just convenient, but essential.
 

Alzrius

The EN World kitten
But Section 9, specifies that you can use any version of the license with material released under any version. So, what prevents someone from using 1.0 with material released under 1.1?
Absolutely nothing.

However, upon further thought, I'm wondering if WotC will create some new version of the old d20 STL – the now-defunct separate license that a lot of third-party publishers agreed to use back during the d20 boom, accepting several additional restrictions for the right to use the red-and-white d20 logo on the cover of their books – likely with a stipulation that you can only use it in products that use the OGL v1.1.
 


Reynard

Legend
Is the term "version" specifically defined anywhere? I suspec that word could be leveraged at least to cause some legal indigestion for small-time creators.
"*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. *"
 



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