The new D&D open gaming license restricts the kind of content that can be used and requires anyone making money under it to report it to Wizards of the Coast.
Despite assurances from Wizards of the Coast last month, the original OGL will become an unauthorized agreement and no new content will be allowed to be created.
The original OGL is used by many publishers to create their products. The System Resource Document is the main focus of the original OGL, as well as the character species, classes, equipment, and general structure of the game.
The creation of the OGL version 1.0, which was originally published in 2000, has allowed a host of outside designers and publishers to make new products for a game that remains wholly owned by Wizards of the Coast. The game flourished thanks to the resources created by the wider D&D community.
When it was announced that a revised edition of the D&D rules would be developed, the company promised to update the OGL as well.
It's a lot. The original open gaming license is less than 900 words and the new draft is over 9000 words. It addresses new technologies and takes a strong stance against bigoted content.
One of the biggest changes to the document is that it states that it is no longer an authorized license agreement. Many licensed publishers will have to change their products and distribution in order to comply with the updated rules if the original OGL is ended. Large publishers who focus almost exclusively on products based on the original OGL, such as Paizo, will be under pressure to update their business model quickly.
This is the correct thing to do. The Open Game License was intended to allow the community to help grow D&D and expand it creatively according to the document procured by io9. PDF is the most common form of distribution and it wasn't intended to subsidize major competitors.
The document states that the OGL was not intended to allow people to make D&D apps, videos, or anything other than printed materials for use while gaming. The OGL is being updated to make it clear.
Paizo declined to comment on the changes for this article, stating that the rules update was complicated and ongoing.
Despite the fact that one of their own products,Mutants and Masterminds, was published under the original OGL in 2002, they had not seen the updated one.
Wizards of the Coast wouldn't answer questions about the leaked document. io9 was directed to a post on the company's website that reassured the community that this OGL will not affect the majority of people in the industry.
The original OGL gave a non-exclusive license to copy, modify and distribute the Open Game Content. The OGL 1.0(a) is no longer an authorized license agreement according to the updated OGL.
The new document states that this agreement governs your use of the licensed content and that any prior agreements between us are no longer in force.
According to attorneys consulted for this article, the new language indicates that Wizards of the Coast is rendering any future use of the original OGL void, and that if anyone wants to continue to use Open Game Content of any kind, they will need to abide by the terms of the updated O.
Wizards of the Coast wouldn't say if it's true.
Every licensed publisher will be affected by the new agreement if the original license is no longer viable.
The updated license only allows for creation of roleplaying games and supplements in printed media and static electronic file formats. It doesn't allow for anything else besides videos, virtual tabletops, computer games, novels, apps, graphics novels, music, dances, and pantomimes. Only the Wizards of the Coast Fan Content Policy can allow you to engage in this activity.
The Fan Content Policy allows for free content based on or incorporating our intellectual property. Fan Content can include fan art, videos, podcasts, websites, streaming content, tattoos, altars to your cleric's deity, etc.
According to the leaked OGL 1.1 draft, licensees may not get a lot of time to adjust and agree to this new policy.
If you make money from direct sales or access to your work, the rules are slightly different than if you are a commercial. The Tiered Earning system is one of the biggest changes between the two sections. If your content is available for free elsewhere, but people still want to support you, you are considered non- commercial.
All creators need to be aware of the difference between their content and licensed content. The new document states that this must be done in a way that allows a reader of Your licensed work to understand the distinction. A separate index or list in the back of your licensed work that lists out what, exactly, you used from the SRD is one of the suggestions made by the updated OGL.
The tiered system of categorizing licensees was created by the new OGL document.
It's probably not. Licensees get to keep the money they earn if they make over $750,000. The Commercial Agreementcovers all commercial uses, whether they are profitable or not. Wizards of the Coast will still owe you even if you didn't make a profit on your project.
If you appear to have achieved great success, we may reach out to you for a more custom licensing arrangement. It's possible thatsubsidized competition like Pathfinder won't get a lot of money.
There are revenue tiers.
A. Initiate Tier. If You have registered at least one Licensed Work but haven’t generated $50,000 or more in total (gross) revenue from OGL: Commercial products in a given year, You are at the Initiate Tier.
B. Intermediate Tier. If Your Licensed Work(s) have generated more than $50,000 in total revenue in a given year but less than $750,000, You are at the Intermediate Tier.
C. Expert Tier. If Your Licensed Work(s) have generated at least $750,000 in total revenue in a given year, You are at the Expert Tier.
The revenue you make from your licensed works in excess of $750,000 in a single calendar year is considered "Qualifying Revenue" according to the document.
If you make $750,001, you will owe Wizards of the Coast 25 cents for every dollar you make over the Expert Tier. Less than twenty companies are thought to be at the expert tier.
No matter what tier you are in or how much money you think your product will make, you must register with us for any new licensed work you plan to sell. We want to know your contact information, where you intend to publish the licensed work, and its price.
In order to publicly identify their work as covered by the updated OGL, creators will be required to use a specific Badge, and they will have to give a copy of the publication to us. Many of these processes will be handled through the company's official digital toolset, D&D Beyond.
The original OGL did not allow creators to publish without reporting. It makes sense that Wizards wants to keep an eye on who is using the Open Game Content. Sometimes a single product is being sold on multiple platforms as people sell their work across dozens of platforms. The biggest burden will be on the smallest creators.
The new license attempts to address how and where these campaigns can take place, since online crowdfunding is a new phenomenon. If a creator is a member of the Expert Tier, they will pay a 25% royalty on qualified revenue if their work is crowdfunded or sold on other platforms.
Any non-Kickstarter revenue over $750K will incur a 25% royalty, and only Kickstarter revenue will get a break. There is no explanation as to why Wizards prefer to raise money on the platform of their choice.
There is a section dedicated to conditions surrounding crowd funding. There are strings attached to using any platform to get a project off the ground. The two main points are that you can only crowdfund the production of licensed works and that no copyrighted material is given out as perks or rewards.
The leaked OGL 1.1 draft document shows that the power is close at hand. One caveat is that the company can modify or end the agreement at any time, provided they give 30 days' notice.
Any content that licensees create, whether commercial or non-commercial, is allowed to be used by wotC. The document states that regardless of whether or not the creator owns the content, Wizards will have an exclusive, irrevocable, worldwide, right to use it.
The ramifications of this updated OGL could have a chilling effect on new products. All work that publishers do for virtual tabletops may have to be offered as non-commercial, free products, which de-incentivizes their production. If a company makes more than $750K in royalties, they could prompt publishers to hold back products or scale down projects so they stay under the Expert Tier.
The OGL changes are expected to be met with resistance. The document states that if the company oversteps, they are aware that they will receive community backlash and bad PR.
The article will be updated as new information becomes available.
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