Super boring title to this thread, but hopefully people click into it anyway.
I wrote out a mini-campaign for the 5e Theros setting. I just wrote it for myself, hoping to run it as a game one day for some friends.
When I finished, I was pretty proud! It's quite substantial with fleshed-out characters and lore.
I wondered if I could join the throngs of people selling D&D compatible campaigns. It occurred to me that, even though the story is mine, I'm using a fair amount of intellectual property of Wizards since it's set in Theros... names of gods/items/locations etc.
I know I could probably just go re-write it, change names, re-design maps and stuff, but I love Theros a lot and I'd like to keep it in that world.
Does anyone out there with some legal know-how have advice on whether I could still launch it as a kickstarter or anything? Or is it just out of the question? I tried reading the Open Game Licenses from Wizards (http://www.opengamingfoundation.org/ogl.html) but it was just too hard for me to follow.
Friendly advice is greatly appreciated. :-)
Rollback Post to RevisionRollBack
I'm here for the same reason as everyone else... to create endless new characters for games I'll probably never play.
I don't have a lot of legal know-how, but using anything outside the Basic Rules is iffy at best and using a specific IP like Theros is certainly not ok without a licence. That's what
"7. Use of Product Identity: You agree not to Use any Product Identity, including as an indication as to compatibility, except as expressly licensed in another, independent Agreement with the owner of each element of that Product Identity. You agree not to indicate compatibility or co-adaptability with any Trademark or Registered Trademark in conjunction with a work containing Open Game Content except as expressly licensed in another, independent Agreement with the owner of such Trademark or Registered Trademark. The use of any Product Identity in Open Game Content does not constitute a challenge to the ownership of that Product Identity. The owner of any Product Identity used in Open Game Content shall retain all rights, title and interest in and to that Product Identity."
means. That OGL legalese stems from the 3.0 days btw, I wouldn't expect it to still apply as is under 5E.
Here's my pro-legal advice; don't take legal advice from random people on forums!
Seriously; if you want information on the legalities of publishing your content, look at the documentation and, if necessary, speak to an expert (ie a lawyer)
Simple: don't use specific terms that are held in copyright/trademark by WotC (or other game related companies). That means you say Dark Elf instead of Drow, Mind Flayer instead of Illithid, etc. Don't refer to specific settings because those are copyrighted as well.
Game mechanics can't be copyrighted, though, and some stuff has been in use for so long by so many other games that they're already in common usage. For example, Hit Points and Armor Class didn't even originate with D&D but came from tabletop miniature wargaming.
If you can't follow the rules of the OGL as they relate to your work, you need to contact a lawyer and ask the lawyer for advice. I agree with the others, don't use people on forums for your legal advice. But see if this helps:
Based on that page, which doesn't have any legal-ese on it, I am not certain whether any official setting other than FR may be published at all. It says you can publish your own campaign world on your own, or that you can publish FR stuff on the DMG. It does not say you can use Ravnica, Theros, Grayhawk, Eberron, or any of the other D&D settings besides FR, in either place.
But again, if you're serious about publishing and making money from your campaign, you should contact a legal advisor.
Rollback Post to RevisionRollBack
WOTC lies. We know that WOTC lies. WOTC knows that we know that WOTC lies. We know that WOTC knows that we know that WOTC lies. And still they lie.
Because of the above (a paraphrase from Orwell) I no longer post to the forums -- PM me if you need help or anything.
Here's a few steps that I've been up and down; many echoing what's been said thus far.
Read WotCs Fan Content Policy. If you're still unsure of where your content falls in, send them an email. I've gotten a direct response clarifying a few things.
Google up everything related to DMs Guild. This landing pad/website/resource exists exactly to handle the sorts of things you're after.
Tread lightly. They are (most likely) larger than you. They aren't Nintendo or Disney, but they have already clearly identified (for decades) what is theirs, what's allowed, and what's not. There isn't grey area with companies and their trademarks/copyrights. It's black and white, and upon you to identify that. This is the long version of saying, "if you think you might be infringing, you probably are."
Finally, my last two steps have served me well as a creative person in 40ish years
Either find legitimate legal counsel/advice
or
Do it all entirely for free, with no expectation of ever trying to monetize it.
Otherwise, in the end, you can lose a lot (financial, creative license, reputation, respect, etc.)
[Not a lawyer but very well versed in rights and licenses and where they intersect with both professional and community creative ventures, also adherent of don't take legal advice from the internet]
If you want to write a project based in Theros, your only publication option outside of being commissioned by WotC (which isn't going to happen unless you actually have game design/writing creds, and since you're asking this question I'm assuming that's a no) is DMsGuild. It's actually a good option though. If you went independent you're best publishing outlet would have been DriveThruRPG which -shhh- actually runs the workings of DMsGuild.
The amount of money involved in sales from a DMsGuild product, like most TTRPG products, probably doesn't warrant a legal consult if the DMsGuild rules are clear to you. They are much more user friendly and "bright lined" as far as dos and don't than the OGL.
I'd recommend seeing what's already out there for Theros (a lot of the offerings allow you to preview at least a few pages). There's also a lot of community support for page layouts etc to give your work that "professional D&D look".
Good luck, but most importantly, have fun with it.
DMsGuild allows you to publish your work in PDF format (and also gives options for presenting products designed for use in Fantasy Grounds). Physical bound books or boxed sets are rare outside of reprints from prior editions and a few rare exceptions, like Baker's followup Eberron book ... but he created Eberron so has a bit more cachet. It's not your call to go physical product on DMsGuild, it's a DMsGuild/WotC thing.
also not a lawyer, but my own thoughts/observations - some repetitive to the above comments:
If its in Theros, that's WotC IP, you can't technically sell it...except on DMSGuild because they're granting you the license (read section 4 of the agreement). Like someone else said, DMSGuild comes with its own rules and this page is probably outdated based on 2 things: i) there's an awful lot of other Theros content posted by independents on there, and ii) when you create a new title, 'Theros' is a valid programmed option for the publication you're posting. Someone who made that web page intentionally gave you the ability to sell Theros content.
Keep in mind, once you post something on DMSGuild, that IP is legally locked up on DMSGuild for the rest of your life + 70 years. You can't legally sell it anywhere else until the IP expires. So if its a mix of WotC IP and your own created IP, you're effectively giving up your ability to sell that IP anywhere else...and they can basically do whatever they want with your IP. That's a one-way street and worth careful consideration...you don't need a lawyer to decide if you really want to entertain that condition (but thems the rules if you want to sell something AND use WotC's IP - so it has +'s and -'s).
DMSGuild is designed for you to not really need a lawyer. Read the agreement and take the time to understand it. Even after you understand it, read section 5 several more times. If you then think you still have something that's going to make you hundreds of thousands of dollars...get a lawyer. If this is your hobby and don't care about the income...in my opinion...forget the lawyer because your potential income isn't going to pay his bill. Just create it and post it on DMSGuild and enjoy your newfound addiction to looking at your Royalty Report. If it violates their terms, they'll take it down. If the violation is fixable, you can edit it, have them look at it again, and repost.
Everyone needs to start somewhere, DMSGuild is a great spot for that. Several (including MT Black) have started on DMSGuild and moved on.
Super boring title to this thread, but hopefully people click into it anyway.
I wrote out a mini-campaign for the 5e Theros setting. I just wrote it for myself, hoping to run it as a game one day for some friends.
When I finished, I was pretty proud! It's quite substantial with fleshed-out characters and lore.
I wondered if I could join the throngs of people selling D&D compatible campaigns. It occurred to me that, even though the story is mine, I'm using a fair amount of intellectual property of Wizards since it's set in Theros... names of gods/items/locations etc.
I know I could probably just go re-write it, change names, re-design maps and stuff, but I love Theros a lot and I'd like to keep it in that world.
Does anyone out there with some legal know-how have advice on whether I could still launch it as a kickstarter or anything? Or is it just out of the question? I tried reading the Open Game Licenses from Wizards (http://www.opengamingfoundation.org/ogl.html) but it was just too hard for me to follow.
Friendly advice is greatly appreciated. :-)
I'm here for the same reason as everyone else... to create endless new characters for games I'll probably never play.
I don't have a lot of legal know-how, but using anything outside the Basic Rules is iffy at best and using a specific IP like Theros is certainly not ok without a licence. That's what
"7. Use of Product Identity: You agree not to Use any Product Identity, including as an indication as to compatibility, except as expressly licensed in another, independent Agreement with the owner of each element of that Product Identity. You agree not to indicate compatibility or co-adaptability with any Trademark or Registered Trademark in conjunction with a work containing Open Game Content except as expressly licensed in another, independent Agreement with the owner of such Trademark or Registered Trademark. The use of any Product Identity in Open Game Content does not constitute a challenge to the ownership of that Product Identity. The owner of any Product Identity used in Open Game Content shall retain all rights, title and interest in and to that Product Identity."
means. That OGL legalese stems from the 3.0 days btw, I wouldn't expect it to still apply as is under 5E.
edit: did some digging around, pertinent info for the current edition of D&D can be found here. It seems like you might (might! - I'm not stating anything with any degree of certainty) publish using setting specific material if you do so through the Dungeon Master Guild, but not as a Kickstarter.
Some more info: https://support.dmsguild.com/hc/en-us/articles/217520927-Ownership-and-License-OGL-questions#:~:text=Under the DMs Guild program,uses your own original setting.
Want to start playing but don't have anyone to play with? You can try these options: [link].
Here's my pro-legal advice; don't take legal advice from random people on forums!
Seriously; if you want information on the legalities of publishing your content, look at the documentation and, if necessary, speak to an expert (ie a lawyer)
Find my D&D Beyond articles here
Simple: don't use specific terms that are held in copyright/trademark by WotC (or other game related companies). That means you say Dark Elf instead of Drow, Mind Flayer instead of Illithid, etc. Don't refer to specific settings because those are copyrighted as well.
Game mechanics can't be copyrighted, though, and some stuff has been in use for so long by so many other games that they're already in common usage. For example, Hit Points and Armor Class didn't even originate with D&D but came from tabletop miniature wargaming.
If you can't follow the rules of the OGL as they relate to your work, you need to contact a lawyer and ask the lawyer for advice. I agree with the others, don't use people on forums for your legal advice. But see if this helps:
https://dnd.wizards.com/articles/features/systems-reference-document-srd
Based on that page, which doesn't have any legal-ese on it, I am not certain whether any official setting other than FR may be published at all. It says you can publish your own campaign world on your own, or that you can publish FR stuff on the DMG. It does not say you can use Ravnica, Theros, Grayhawk, Eberron, or any of the other D&D settings besides FR, in either place.
But again, if you're serious about publishing and making money from your campaign, you should contact a legal advisor.
WOTC lies. We know that WOTC lies. WOTC knows that we know that WOTC lies. We know that WOTC knows that we know that WOTC lies. And still they lie.
Because of the above (a paraphrase from Orwell) I no longer post to the forums -- PM me if you need help or anything.
Here's a few steps that I've been up and down; many echoing what's been said thus far.
Finally, my last two steps have served me well as a creative person in 40ish years
or
Otherwise, in the end, you can lose a lot (financial, creative license, reputation, respect, etc.)
All things Lich - DM tips, tricks, and other creative shenanigans
[Not a lawyer but very well versed in rights and licenses and where they intersect with both professional and community creative ventures, also adherent of don't take legal advice from the internet]
If you want to write a project based in Theros, your only publication option outside of being commissioned by WotC (which isn't going to happen unless you actually have game design/writing creds, and since you're asking this question I'm assuming that's a no) is DMsGuild. It's actually a good option though. If you went independent you're best publishing outlet would have been DriveThruRPG which -shhh- actually runs the workings of DMsGuild.
Here's a link to all the community created products set in Theros. Here are the guidelines for producing 5e content on DMsGuild. The guidelines predate Theros, but given that there are Theros products on DMsGuild and Ravinica is mentioned as fair game in the guidelines, it's a pretty easy presumption that Theros is a permitted setting for DMsGuild products. And there is a subforum on this site dedicated to discussing and promoting DMsGuild efforts.
The amount of money involved in sales from a DMsGuild product, like most TTRPG products, probably doesn't warrant a legal consult if the DMsGuild rules are clear to you. They are much more user friendly and "bright lined" as far as dos and don't than the OGL.
I'd recommend seeing what's already out there for Theros (a lot of the offerings allow you to preview at least a few pages). There's also a lot of community support for page layouts etc to give your work that "professional D&D look".
Good luck, but most importantly, have fun with it.
DMsGuild allows you to publish your work in PDF format (and also gives options for presenting products designed for use in Fantasy Grounds). Physical bound books or boxed sets are rare outside of reprints from prior editions and a few rare exceptions, like Baker's followup Eberron book ... but he created Eberron so has a bit more cachet. It's not your call to go physical product on DMsGuild, it's a DMsGuild/WotC thing.
Jander Sunstar is the thinking person's Drizzt, fight me.
Really appreciate everyones help - love this forum!
I hadn't even looking into DMsGuild so looking forward to checking out all the material on there. :-)
And yes I'll make sure to seek proffessional legal advice before attempting to monetize anything.
Thanks!
I'm here for the same reason as everyone else... to create endless new characters for games I'll probably never play.
also not a lawyer, but my own thoughts/observations - some repetitive to the above comments:
Guide to the Five Factions (PWYW)
Deck of Decks