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".


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.
 

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eyeheartawk

#1 Enworld Jerk™
You're right. But that doesn't make sense for WotC. Why would they bother if no matter what they do it's all OGL anyway? There's something missing. Another shoe to drop in all this. It doesn't do any good for WotC to bother unless something else is changing.
It's the only thing I can reason out too. Something else has to be coming out yet to tie to this somehow. Since there won't be a new (non-compatible) SRD there is no reason why anyone would switch to this new, worse, OGL. They wouldn't just announce a useless thing like this that also is likely to garner ill will without having some way to make it benefit them. I fear worse news is on the horizon.
 

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overgeeked

B/X Known World
But, if the new game is backwards compatible with the old SRD, why bother? You gain literally nothing by switching. Except the need to report your earnings to big brother and pay a royalty if you're lucky enough to make $750k a year off D&D stuff.
It's the only thing I can reason out too. Something else has to be coming out yet to tie to this somehow. Since there won't be a new (non-compatible) SRD there is no reason why anyone would switch to this new, worse, OGL. They wouldn't just announce a useless thing like this that also is likely to garner ill will without having some way to make it benefit them. I fear worse news is on the horizon.
Oh...duh. Access to their VTT. I'd bet they'll only allow 1.1 content on their platform.
 


Alzrius

The EN World kitten
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
Hm, this is a bit confusing because, based on a review of some old products that use the OGL v1.0 and others which use the OGL v1.0a, this identifies itself as the former but uses the language of the latter.

Specifically, the only differences that I've found are in Section 7. The OGL v1.0 says the following:

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 in conjunction with a work containing Open Game Content except as expressly licensed in another, independent Agreement with the owner of such 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.

Whereas Section 7 of the OGL v1.0a says the following (with additional words emboldened):

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.

In other words, they added a few words to indicate that language dealing with trademarks also applied to registered trademarks, since the two aren't exactly the same thing.
 



darjr

I crit!
What do other publishers on here think?

Any incentive to switch? An One D&D SRD doesn't seem like it would be enough, nor the badge.
 


Alzrius

The EN World kitten
Also in the Copyright, it is now an LLC instead of Inc.

The version of the OGL 1.0a that I'm finding (included with the SRD document on WotC site) also includes a copyright for the SRD content before the end of the OGL license.

Screenshot for comparison - most of the issues are just formatting of quotes and spacing copied and pasted from different files.
Interesting that WotC changed from an Inc. to an LLC. That said, the specifics of what's under the Section 15 of each product that uses the OGL (which includes the different SRDs) are going to be different, as the license requires them to list a copyright notice for each such product in any work which uses the OGL. Which is to say, that's a difference between the SRDs rather than the different versions of the OGL itself.
 

eyeheartawk

#1 Enworld Jerk™
A week ago people were screaming that there wasn't third party access on dndbeyondd or the vtt.
Those people weren't me.

But if it was me, I would say that the gulf between "There is no third party content available" and "We'll be taking a cut of your sales (as I would be very surprised if you could buy this new VTT content on anything but their own platform) and then also taking royalties, oh and looking at your financials" is pretty vast.
 

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