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 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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vecna00

Speculation Specialist Wizard
I guess that depends on what you define as a bad thing and how invested in third party content you are.
what would be something bad actually happening?
Realistically, I don't see anything that bad happening. Worst case scenario that I can imagine is there will be creators who will not move to the next iteration. They probably won't lose a significant amount of money because their stuff can still be converted to One D&D. Or in some cases, no conversions will be needed because they're just selling a setting book with nothing that needs converting.

Hyperbolically, Wizards could just sue anyone who doesn't move to the next iteration. I don't see that happening, we're not that dystopian.

Mind you, I'm only slightly invested in third-party content. I don't know where I sit on the spectrum for that. I've backed some Kickstarters, but I end up not using 95% of it. The exception being Everyday Heroes, because my old Modern group is on board for going back to that game and using the new ruleset.
 

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mamba

Legend
Did...did you read the rest of the post?
yes, I did not see you spell it out, unless it is the suing everyone part that you doubt will happen. I dismissed it because you said hyperbolically. Is the answer 'nothing' because you do not care about 3PP anyway ? Maybe it's me, but I see no clear answer to my question (otherwise I would not have followed up ;) )
 

vecna00

Speculation Specialist Wizard
yes, I did not see you spell it out, unless it is the suing everyone part that you doubt will happen. I dismissed it because you said hyperbolically. Is the answer 'nothing' because you do not care about 3PP anyway ? Maybe it's me, but I see no clear answer to my question (otherwise I would not have followed up ;) )
Hyperbolically, Wizards could just sue anyone who doesn't move to the next iteration. I don't see that happening, we're not that dystopian.
 

mamba

Legend
Hyperbolically, Wizards could just sue anyone who doesn't move to the next iteration. I don't see that happening, we're not that dystopian.
At this point I am not really ruling this out, or rather I think they can accomplish this with merely threatening it.
They’ll be nice about it and sound non-threatening, but it will have the same chilling effect, something like ‘It is in WotC’s best interest to ensure that the content we release under OGL 1.1 remains under 1.1 and does not make it into 1.0a products. We will therefore monitor new releases under 1.0a closely and take action where we feel is appropriate. WotC strongly recommends 3PPs switch to the new OGL 1.1 to avoid potential legal actions.’

I also find it likely that 1.1 will have a poison pill again, i.e. you have to switch over if you want to use it and they will have to come up with some incentive for anyone to use it (or maybe the carrot turns out to just be a bigger stick)
 
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Art Waring

halozix.com
And there is more of a chance for it to be fine, as I said in the other part of my post that was left out of the quote.

If thinking everything will be fine is the middle is the "middle," then call it what makes you happy I suppose. I just don't see this as the "Really Bad Thing" that others do and I won't be convinced otherwise unless something bad actually happens.
I have already said my piece on the new ogl, but I just wanted to remind folks that while the final draft has not been released, there is still time for them to make changes right now before it is released.

I think that right now, rather than later after the release is likely the best time to voice your concerns, because they may be more likely to listen now than later. Once the final draft is released, it will likely be much harder to effect any change.

Furthermore, while I don't think the sky is falling, I also don't think this is 100% benign either. For better or worse, this will likely have an affect on the entire industry. What affect that is, is yet to be determined.

If we don't at least voice our concerns now, what chance do we have of changing anything?
 




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