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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But they can't make Beyond the only outlet for 1D&D stuff, because of section 9. So they would have to convince 3PPs that Beyond is important enough to their model that they should go 1.1. And to do that, they have to have much more serious reach with Beyond than they have now.
I think that's the plan looking into the future. They're laying the groundwork. I do believe they're gonna hook players in addition to just the DMs eventually.
 

I'm not a lawyer either, but I don't think it works that way. Looking at Section 9 again:



The work "authorized" is only mentioned with regard to any version of the License being something which you can publish Open Game Content under. Said Open Game Content can come from "any version of this License," authorized or not.

Or at least, that's my read on it.
Yep and that matches how Ryan Dancey as official representative of WotC at the time explained it. That’s also why 4e had a GSL rather than updated OGL. If OGL v1.1 is going to have increased restrictions it better also have benefits as good or better (such as access to sell on DDB or their VTT) or no one will use it.
 


eyeheartawk

#1 Enworld Jerk™
But they can't make Beyond the only outlet for 1D&D stuff, because of section 9. So they would have to convince 3PPs that Beyond is important enough to their model that they should go 1.1. And to do that, they have to have much more serious reach with Beyond than they have now.
You remember how in 4E you couldn't get anybody to make a character without using Character Builder?

Imagine that but tied into a full 3d accelerated virtual tabletop, and what DnD Beyond offers now, plus whatever else is in the works. Plus, you can throw in free electronic versions of books (like they did with the recent Dragonlance release, if you ordered the bundle from their own webstore) but those are only accessible on Beyond and you can see how it all adds up to a pretty enticing proposition for users.

That's the leverage.
 


Reynard

Legend
You remember how in 4E you couldn't get anybody to make a character without using Character Builder?

Imagine that but tied into a full 3d accelerated virtual tabletop, and what DnD Beyond offers now, plus whatever else is in the works. Plus, you can throw in free electronic versions of books (like they did with the recent Dragonlance release, if you ordered the bundle from their own webstore) but those are only accessible on Beyond and you can see how it all adds up to a pretty enticing proposition for users.

That's the leverage.
Not if WotC doesn't provide some coding service for your content. Most of the people I have worked with and for making 5E content aren't coders. Asking small 3PP to take on the additional expense of finding people to code their stuff for Beyond and the VTT is probably not going to work. The margins are slim enough as it is.
 

eyeheartawk

#1 Enworld Jerk™
Not if WotC doesn't provide some coding service for your content. Most of the people I have worked with and for making 5E content aren't coders. Asking small 3PP to take on the additional expense of finding people to code their stuff for Beyond and the VTT is probably not going to work. The margins are slim enough as it is.
Dollars to donuts, they will.

They'll make importing your content as accessible as, say, Squarespace makes web design accessible.

For the causal chain to make sense, to get to their goal of Making All The Money™, they will.
 

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