Hi, sorry, this doesn’t really fit in any of the forums but I am a dungeon master so I figured I would ask here. I am writing a novel and I don’t want to make up a whole loose pantheon, and I was wondering if I could get sued or if I could somehow get permission to use the D&D dawn war pantheon. (Bahamut, Asmodeus, Etc.)
1. you're definitely not in the right spot for legal advice. i suggest you go to the wizards of the coast web site - they have a faq on the use of their IP.
As I'm not an expert on Intellectual Property and Copyright Law ( and I think it unlikely - but not impossible - that anyone in the Forums is ), I can't tell you for sure - but I'm quite sure that that this has been well hammered out already, since people do write D&D based novels.
I'm sure there are licencing and "fair use" guidelines in place already an published online that you could find with some searching, but I would contact WoTC on that matter, and get some official feedback on use and licencing on that. In Legal matters you definitely want official and legally binding opinions. I'm sure WoTC doesn't care if you're bashing out fan-fic, but if your aim is to publish, then money makes it a whole new ball game.
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jwgz91 is right. Note the Snow White live movie put out by someone besides Disney. Disney can sue you if you make a version of Snow White that has 7 dwarves (particularly if you name them like Disney did), but can NOT sue you for making a story about Snow White that has some non-7 # of dwarves because Snow White was a folk tale before Disney made the movie.
Similarly no one can sue you for using Bahamut or Asmodeus.
I would suggest you actively base it on the mythology. You can research them on Wikipedia at the very least. But if you are serious, I suggest going to Wikiepedia, looking at their sources and read them, not Wikipedia.
jwgz91 is right. Note the Snow White live movie put out by someone besides Disney. Disney can sue you if you make a version of Snow White that has 7 dwarves (particularly if you name them like Disney did), but can NOT sue you for making a story about Snow White that has some non-7 # of dwarves because Snow White was a folk tale before Disney made the movie.
Similarly no one can sue you for using Bahamut or Asmodeus.
I would suggest you actively base it on the mythology. You can research them on Wikipedia at the very least. But if you are serious, I suggest going to Wikiepedia, looking at their sources and read them, not Wikipedia.
anyone can sue him for anything...whether or not they win is a different story.
Point to HeathSmith. And the fact that the prospective novelist is trying to use those characters specifically as presented in WotC's Dawn War is going to factor heavily in their favor. Asmodeus and Bahamut aside, THE ENTIRE DAWN WAR PANTHEON is WotC property. That's why they used those guys and not some actual mythological group. Vecna? Lolth? Corellon? If Gary Gygax and Dave Arneson made it up in their basement, then it has more legal protection than a 500 year-old Bavarian fairy tale.
OP - The only worthwhile thing in this thread has already been said; this is a terrible forum for seeking IP legal advice.
From a non-legal point of view, if you're "writing a novel" and you still don't know what characters you're using, you're probably nowhere near finished on a first draft, let alone started on the editing process. You have plenty of time to make changes. So, while you're getting answers to the legal stuff, keep writing. Don't use this jumble as an excuse to throw your hands in the air and quit. Instead, keep writing. Stop what you're doing right now and write 500 words about how frustrating it is for the chaotic gods who only want to create and first they have to get permission and zoning clearances and whatever from the lawful ones.
Since I did a lot of research on this line of on some writing I did, here is what I know and found out (as of six month ago, I haven't looked again since). And I am not a lawyer, but this is a rough summary on where things are.
WOTC is not currently offering licenses to their trademarked/copyrighted material for fiction novel use. Unlike DMguild for adventures and other things, novels are completely excluded and have no sanctioned way to be published and to make money. (Someone PLEASE prove me wrong here)
If you are publishing fan fiction it is ok. Technically WOTC could sue for Trademark/Copyright infringement if you used a setting or the figures from their settings, but because of #2, it is highly unlikely unless you do something horrible (see the section. https://company.wizards.com/legal/code-conduct) Http://www.fanfiction.net is full of stories that cover all sorts of cases. Is legal? Yes, per the terms above but it is considered a derivative copyright; which means WOTC has ownership based on #2.
None of the above allows you to sell or profit directly from your work. DMGuild does for adventure and supplements, but not novels.
On Art FOR your novel, this is covered in #2...but as a gotcha (as a moderator here pointed out to me) don't take images of art from DnDbeyond; you don't have permission. You probably are better off commissioning it, and getting a commercial license from the artist. Don't take it from the web.
So here's bottom line: If your intent is to make money; stop. Make your own pantheon, world and the like. Make it all your IP, and avoid the Trademarks that WOTC owns. This is EXACTLY what a fan fiction author did from a fan fic based on Twilight, and transformed it into the "50 Shades of Grey" series, which E.L. James 100% owns and controls.
If this is fanfiction (like mine in the tag below), go for it.
Hi, sorry, this doesn’t really fit in any of the forums but I am a dungeon master so I figured I would ask here. I am writing a novel and I don’t want to make up a whole loose pantheon, and I was wondering if I could get sued or if I could somehow get permission to use the D&D dawn war pantheon. (Bahamut, Asmodeus, Etc.)
1. you're definitely not in the right spot for legal advice. i suggest you go to the wizards of the coast web site - they have a faq on the use of their IP.
Guide to the Five Factions (PWYW)
Deck of Decks
As I'm not an expert on Intellectual Property and Copyright Law ( and I think it unlikely - but not impossible - that anyone in the Forums is ), I can't tell you for sure - but I'm quite sure that that this has been well hammered out already, since people do write D&D based novels.
I'm sure there are licencing and "fair use" guidelines in place already an published online that you could find with some searching, but I would contact WoTC on that matter, and get some official feedback on use and licencing on that. In Legal matters you definitely want official and legally binding opinions. I'm sure WoTC doesn't care if you're bashing out fan-fic, but if your aim is to publish, then money makes it a whole new ball game.
My DM Philosophy, as summed up by other people: https://drive.google.com/file/d/1rN5w4-azTq3Kbn0Yvk9nfqQhwQ1R5by1/view
Disclaimer: This signature is a badge of membership in the Forum Loudmouth Club. We are all friends. We are not attacking each other. We are engaging in spirited, friendly debate with one another. We may get snarky, but these are not attacks. Thank you for not reporting us.
jwgz91 is right. Note the Snow White live movie put out by someone besides Disney. Disney can sue you if you make a version of Snow White that has 7 dwarves (particularly if you name them like Disney did), but can NOT sue you for making a story about Snow White that has some non-7 # of dwarves because Snow White was a folk tale before Disney made the movie.
Similarly no one can sue you for using Bahamut or Asmodeus.
I would suggest you actively base it on the mythology. You can research them on Wikipedia at the very least. But if you are serious, I suggest going to Wikiepedia, looking at their sources and read them, not Wikipedia.
anyone can sue him for anything...whether or not they win is a different story.
Guide to the Five Factions (PWYW)
Deck of Decks
Point to HeathSmith. And the fact that the prospective novelist is trying to use those characters specifically as presented in WotC's Dawn War is going to factor heavily in their favor. Asmodeus and Bahamut aside, THE ENTIRE DAWN WAR PANTHEON is WotC property. That's why they used those guys and not some actual mythological group. Vecna? Lolth? Corellon? If Gary Gygax and Dave Arneson made it up in their basement, then it has more legal protection than a 500 year-old Bavarian fairy tale.
OP - The only worthwhile thing in this thread has already been said; this is a terrible forum for seeking IP legal advice.
From a non-legal point of view, if you're "writing a novel" and you still don't know what characters you're using, you're probably nowhere near finished on a first draft, let alone started on the editing process. You have plenty of time to make changes. So, while you're getting answers to the legal stuff, keep writing. Don't use this jumble as an excuse to throw your hands in the air and quit. Instead, keep writing. Stop what you're doing right now and write 500 words about how frustrating it is for the chaotic gods who only want to create and first they have to get permission and zoning clearances and whatever from the lawful ones.
Since I did a lot of research on this line of on some writing I did, here is what I know and found out (as of six month ago, I haven't looked again since). And I am not a lawyer, but this is a rough summary on where things are.
So here's bottom line: If your intent is to make money; stop. Make your own pantheon, world and the like. Make it all your IP, and avoid the Trademarks that WOTC owns. This is EXACTLY what a fan fiction author did from a fan fic based on Twilight, and transformed it into the "50 Shades of Grey" series, which E.L. James 100% owns and controls.
If this is fanfiction (like mine in the tag below), go for it.
Sources