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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Remathilis

Legend
Ok, I'm not a lawyer or a publisher, but from what I'm guessing is going to happen.

1. They are shutting down any competing software that competes against D&D Beyond or the VTT unless they ask WotC for a license. Ditto video games.

2. They are going to probably use the carrot of access to said software to get people to use 1.1.

3. They aren't too concerned with hobbyists selling PDFs, but I think they will want to funnel them to DMsGuild. They are looking at the bigger companies and wanting them to bend the knee.

4. And some will. Imagine Keith Baker's Eberron or Darrington Press's Exandria Reborn on D&D Beyond. Much like how Blood Hunter or Gunslinger is there already. It will give them a closer sense of "official" than some of it had.

5. Mostly, I think they want to make sure they never create another Paizo situation again.

But for now, I see it as WotC protecting their investment in software and such.
 

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J.Quondam

CR 1/8
Having two significantly different OGLs floating around seems like a major headache in the making.
I honestly won't be surprised if WotC decides to release OneD&D under a completely new open license that they can say is clearly distinct from the existing OGL lineage. Call it "Open D&D License" or something, and avoid the confusion on a topic that is already super-confusing for most people, if the volume of social media derp is any indication.
 


Reynard

Legend
Having two significantly different OGLs floating around seems like a major headache in the making.
I honestly won't be surprised if WotC decides to release OneD&D under a completely new open license that they can say is clearly distinct from the existing OGL lineage. Call it "Open D&D License" or something, and avoid the confusion on a topic that is already super-confusing for most people, if the volume of social media derp is any indication.
Where have I seen this before....
 

Alby87

Adventurer
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.
Time for the NOSR (New Old School Renaissance)!
Which can only really be the case if Beyond becomes not just convenient, but essential.

Just an example: they put all new material on Beyond with a time-exclusive of, say, one year. New adventures, new subclasses, new rules, only accessible via Beyond. THEN, after a year, there will be also the book. They did this already for Dragonlance, albeit for two weeks between electronic and book release, but still...

---
Reading the OGL, Section 4:

Grant and Consideration: In consideration for agreeing to use this License, the Contributors grant You a perpetual, worldwide, royalty-free, non-exclusive license with the exact terms of this License to Use, the Open Game Content.

This is perpetual until the license is valid. Until the OGL license is valid, every content under it is licensed perpetually. But the OGL needs to be valid.

Section 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.

Authorized version. If WotC will revoke the authorization, section 4 will be voided, and so all the "perpetual grants". There are no writings about not revokability of the OGL authorization.

I'm no lawyer, but if this loophole is usable, they could kill all the previous OGL 1.0a releases...
 

Reynard

Legend
Just an example: they put all new material on Beyond with a time-exclusive of, say, one year. New adventures, new subclasses, new rules, only accessible via Beyond. THEN, after a year, there will be also the book. They did this already for Dragonlance, albeit for two weeks between electronic and book release, but still...
I can't see WotC wanting to get out of the dead tree trade, because that is what this would do.
 

darjr

I crit!
For the folks that do not remember. There was a bloke putting things on a web site. An IP Lawyer. I think it was monster stat blocks. WotC sent a cease and desist and he came here to post on the thread about it. Said WotC would back down, and they did. If I remember correctly it was all based on the "rules can't be copyrighted" argument. I'll see if I can find that thread.
 

Alzrius

The EN World kitten
I really hope you're right, but I still have my doubts. If "authorized" does not mean what I think it means, then what does it mean? Why is it there in the first place?
Well, I can't speak to what WotC intended when they put out the license, but given that the use of the term comes right after a sentence talking about how "Wizards or its designated Agents may publish updated versions of this License," it's to reference any version of the OGL put out by someone who isn't Wizards of the Coast or a designated agent of theirs. I have no idea how likely such a thing is, or who would do that or why, but then again licensing terms tend (in my experience) to try and cover various contingencies regardless of likelihood.
Nobody is talking about anything being "de-authorized". That is clearly impossible.

This is about the 1D&D SRD which has not been released as Open Content (on the basis of not existing yet), and what might be possible when it eventually is. Which is at worst a minor inconvenience unless there is some pretty big carrot attached to the 1.1 OGL.

But again IANAL (or a publisher for that matter - although I aspire to be one one day), so maybe I am worrying about nothing.
Well, then I misunderstood you before. I thought you were mentioning the use of the term "authorized" out of a worry that WotC would try to say that older versions of the OGL were no longer authorized to publish Open Game Content from newer versions of the license, which I see as being very unlikely on their part and unlikely to succeed if they tried. If that's not what you meant, what did you mean with regard to mentioning that particular word?
 

darjr

I crit!
Time for the NOSR (New Old School Renaissance)!


Just an example: they put all new material on Beyond with a time-exclusive of, say, one year. New adventures, new subclasses, new rules, only accessible via Beyond. THEN, after a year, there will be also the book. They did this already for Dragonlance, albeit for two weeks between electronic and book release, but still...

---
Reading the OGL, Section 4:

Grant and Consideration: In consideration for agreeing to use this License, the Contributors grant You a perpetual, worldwide, royalty-free, non-exclusive license with the exact terms of this License to Use, the Open Game Content.

This is perpetual until the license is valid. Until the OGL license is valid, every content under it is licensed perpetually. But the OGL needs to be valid.

Section 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.

Authorized version. If WotC will revoke the authorization, section 4 will be voided, and so all the "perpetual grants". There are no writings about not revokability of the OGL authorization.

I'm no lawyer, but if this loophole is usable, they could kill all the previous OGL 1.0a releases...
But the OGL 1.0 is ALREADY authorized. It's done. And if OGL 1.1 is released, presumably it'll be authorized as well.
 

Morrus

Well, that was fun
Staff member
Time for the NOSR (New Old School Renaissance)!


Just an example: they put all new material on Beyond with a time-exclusive of, say, one year. New adventures, new subclasses, new rules, only accessible via Beyond. THEN, after a year, there will be also the book. They did this already for Dragonlance, albeit for two weeks between electronic and book release, but still...

---
Reading the OGL, Section 4:

Grant and Consideration: In consideration for agreeing to use this License, the Contributors grant You a perpetual, worldwide, royalty-free, non-exclusive license with the exact terms of this License to Use, the Open Game Content.

This is perpetual until the license is valid. Until the OGL license is valid, every content under it is licensed perpetually. But the OGL needs to be valid.

Section 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.

Authorized version. If WotC will revoke the authorization, section 4 will be voided, and so all the "perpetual grants". There are no writings about not revokability of the OGL authorization.

I'm no lawyer, but if this loophole is usable, they could kill all the previous OGL 1.0a releases...
The license has no language pertaining to ‘de-authorization’. We can post our armchair legal opinions here on the forum, and people can make videos and post tweets, but if that angle was attempted? It would be decided in a courtroom, by lawyers and judges, not by random bystanders on the internet.

The lengthy ensuing legal battles would certainly keep my news business running for years! Not just Paizo, but other companies which have used the OGL to share non D&D stuff, such as Evil Hat. It’ll be a firework show, for sure.
 
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