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  1. Open Game License 1.1 – Intro
  2. Dungeons & Dragons (“D&D”) is all about creativity, both yours and ours. Throughout the nearly 50 years since the first
  3. release of D&D, Wizards of the Coast and its predecessor, TSR, have encouraged people to build new campaigns and
  4. material on the foundation of the Dungeons & Dragons base game. Historically, we have allowed fans, through our Open
  5. Game License, to make and sell commercial content using our intellectual property via the Systems Reference Document
  6. (SRD). This practice has continued for more than 20 years, and we continue to support it today.
  7. A lot has changed over the last half century, including the rise of the internet, apps, Web 3, and even virtual TTRPGs.
  8. Now in 2023, we are updating the Open Game License to address some of these new realities and fix some of the
  9. loopholes and contradictions that made their way into the Open Game License during the time since its first release.
  10. One aspect of that is dividing the old Open Game License into two pieces: first, a license covering non-commercial uses
  11. of SRD content (OGL: Non-Commercial), and second, a license that applies to commercial uses of SRD content (OGL:
  12. Commercial). The OGL: Non-Commercial and OGL: Commercial together make up the updated OGL. This revised license
  13. is intended to protect the D&D brand by reducing creator confusion, preventing bad actors from tarnishing it, and
  14. preventing large businesses from profiting off it without proper checks and balances.
  15. The actual license is available through the hyperlinks below, and if you’re comfortable with legalese (or somehow
  16. actually enjoy reading legalese) feel free to jump ahead to those links. We’ve included explanations and examples
  17. alongside the legal language to help make the OGL easier to understand and comply with. You can get to those
  18. comments by clicking the link after each section. If on the other hand you would like to start with a in plain language of
  19. how the OGL works, you can start here with the FAQ section. In addition to that, we have included a set of comments in
  20. the license itself that accompany the legal language and provide explanations and examples to help make the License
  21. easier to understand and comply with. You can get to those comments by clicking the link after each section.
  22. Below are a few FAQs about the new license and its parts.
  23. What is “non-commercial” use of SRD content? If no money (or anything else of value) is changing hands to get access to
  24. the things you create using SRD content, that’s “noncommercial” use and is covered by – and subject to – the terms of
  25. the OGL: Non- Commercial. If any form of payment or income for access to your work is involved, or is specific to a
  26. particular work, even if it’s just a dollar, it’s covered by the OGL: Commercial
  27. License. To be clear: crowdfunding a new project is commercial use. Accepting subscriptions or membership fees or
  28. Patreon patrons as a condition of accessing your work is commercial; accepting voluntary donations via any tipping
  29. mechanism or sites where you’re providing your content for free regardless of those donations/tips is not. If you’re
  30. giving your work away for free, on Patreon or otherwise, and asking that people support your work if they enjoy it, that’s
  31. not commercial. But your work must be given without strings attached if it’s going to be considered “noncommercial.”
  32. What are my options for making D&D-related content? If you are going to use SRD content to make tabletop roleplaying
  33. games and game supplements on a noncommercial basis, the OGL: Non-Commercial applies. If you are going to use the
  34. content we make available for third-party use to make tabletop roleplaying games and game supplements on a
  35. commercial basis, and only want to use material from the SRD – but not other material, like the Forgotten Realms
  36. setting – the OGL: Commercial has you covered. If you want to publish work that uses the Forgotten Realms setting or
  37. other content not included in the SRD, that’s under the Dungeon Master’s Guild. If you want to make videos or other
  38. content and monetize it via ads, that’s going to be covered under the Wizards of the Coast Fan Content Policy.
  39. What does the OGL: Commercial mean for me as a small creator? For most of the community’s content creators, those
  40. making under $750,000 per year in SRD-based content, the OGL: Commercial changes very little and is primarily
  41. designed to help us simply know you better. Under the OGL, those creators will need to register their commercial
  42. content with us so we know what’s out there, tell us a bit about their products and products sales, and start adding a
  43. “Creator Product” badge to their materials so that everyone in the community knows they are publishing under OGL
  44. license from Wizards of the Coast.
  45. Making Dungeons & Dragons is a labor of love for us, but it’s also a business. We, like you, want to keep doing what we
  46. love and pushing D&D forward. The Open Game License was always intended to allow the community to help grow D&D
  47. and expand it creatively. It wasn’t intended to subsidize major competitors, especially now that PDF is by far the most
  48. common form of distribution. So moving forward, hugely successful businesses that generate more than $750,000 of
  49. annual revenue will also need to share some of that success with us by paying a royalty of 20 to 25% of the “qualifying
  50. revenue” they make in excess of $750,000. But even for these wildly successful creators, they will not owe anything on
  51. any sales made before January 1, 2024, no matter how much money they make in 2023. We’re doing it this way so that
  52. creators have time to plan for the transition and adjust their business plans accordingly.
  53. How do I agree to the OGL: Commercial? Anyone publishing content under the commercial license will need to register
  54. that content with us, by creating an account at dndbeyond.com, providing us with identifying information (such as the
  55. name of the person or entity creating the work), the title of the new work, a summary of the work, and – once the work
  56. is available to others – a copy of the work. When you complete that registration, you will also be confirming your
  57. agreement to the terms of the OGL: Commercial. You can find the registration form here [link].
  58. What if I don’t like these terms and don’t agree to the OGL: Commercial? That’s fine – it just means that you cannot earn
  59. income from any SRD-based D&D content you create on or after January 13, 2023, and you will need to either operate
  60. under the new OGL: NonCommercial or strike a custom direct deal with Wizards of the Coast for your project. But if you
  61. want to publish SRD-based content on or after January 13, 2023 and commercialize it, your only option is to agree to the
  62. OGL: Commercial.
  63. Why is Wizards of the Coast updating to OGL 1.1 and subdividing it into Commercial and Non-Commercial terms? A lot
  64. has changed since the old OGL was launched, and that means the old license has some unintended applications we need
  65. to fix. For example, when we released OGL 1.0a, YouTube, apps, blockchain, crowdfunding, and other now every-day
  66. technologies and distribution channels didn’t really exist in the way they do today. OGL wasn’t intended to fund major
  67. competitors and it wasn’t intended to allow people to make D&D apps, videos, or anything other than printed (or
  68. printable) materials for use while gaming. We are updating the OGL in part to make that very clear.
  69. Additionally, over time the old OGL incorporated some confusing and even contradictory provisions. It was also written
  70. in fairly dense legal language. So while we’re updating it to take into account developments since it was last revised, and
  71. breaking out commercial use into a separate category, we’re also simplifying the language and streamlining the
  72. provisions so that it’s easier to understand and comply with. For even more clarity, we’ve included comments that
  73. should help illustrate what the provisions do, which you can access by clicking the relevant comment links in the license
  74. documents.
  75. We strongly believe in the power of creativity and the goal of the old OGL – and this new OGL revision, in both
  76. Commercial and Non-Commercial form – is helping our incredible community to build and share campaigns,
  77. supplements, and other content that enriches the way we play D&D.
  78. Who can I contact if I don’t understand something or need help? If you have any questions about what you read in the
  79. OGL: Non-Commercial or OGL: Commercial, please reach out to us at [TBD] before using or signing either part of the
  80. license.
  81. The preceding material is not part of the OGL 1.1. To access the subdivision of OGL 1.1 that applies to your use of SRD
  82. content, click below:
  83. OGL 1.1: Non-Commercial
  84. OGL 1.1: Commercial
  85. OGL 1.1: Non-Commercial
  86. Any non-commercial use of Licensed Content (defined below) is subject to this agreement; by using Licensed Content in
  87. this manner, You agree to the terms of this agreement. This agreement contains Your consent to jurisdiction in
  88. Washington State for any disputes between You and Us, and Your agreement that any such disputes will be resolved in
  89. individual litigation heard by a judge rather than a jury. If a dispute ever occurs, We hope You agree with Us that it’s best
  90. all-around if it is handled quickly, efficiently, and with the least expense possible.
  91. I. CONTENT COVERED (AND NOT). Dungeons & Dragons involves several different categories of content created by the
  92. creator (the “You”), and by Wizards of the Coast, and its parents, affiliates, suppliers and distributors (“Us” or “We”).
  93. Here are the different kinds of content and how they relate to this license.
  94. A. Content Covered
  95. i. Usable D&D Content (“Licensed Content”) – This is Dungeons & Dragons content that is included in the SRD v. 5.1,
  96. including basic game mechanics and a curated selection of classes, monsters, spells, and items that allow You to make
  97. content compatible with Dungeons & Dragons 5th edition.
  98. ii. Not Usable D&D Content (“Unlicensed Content”) – This is Dungeons & Dragons content that has been or later will be
  99. produced as “official” – that is, released by Wizards of the Coast or any of its predecessors or successors – and is not
  100. present in the SRD v. 5.1. Unlicensed Content includes things like the most famous Dungeons & Dragons monsters,
  101. characters, magic spells, and things relating to the various settings used in Dungeons & Dragons official content over the
  102. years – what the old Open Game License referred to as “Product Identity.” Unlicensed Content is NOT covered by this
  103. agreement, and You agree not to use Unlicensed Content unless Your use is specifically authorized by a separate
  104. agreement with Us. If You want to include that content in Your work, You must go through the Dungeon Masters Guild
  105. or other official channels.
  106. iii. Your Content- These are the characters, classes, settings, spells, items, new rules, and other creations that You have
  107. crafted. They are Your original contributions to the works that You want to sell. This license permits You to combine
  108. Your content with the Licensed Content and commercially distribute the resulting works.
  109. B. Works Covered
  110. This license only applies to materials You create for use in or as roleplaying games and as game supplements and only as
  111. printed media and static electronic files such as epubs or pdfs. It does not allow the distribution of any other form of
  112. media. And does not apply to creation of anything else.
  113. COMMENTS:
  114. To be clear, OGL: Non-Commercial only allows for creation of roleplaying games and supplements in printed media and
  115. static electronic file formats. It does not allow for anything else, including but not limited to things like videos, virtual
  116. tabletops or VTT campaigns, computer games, novels, apps, graphics novels, music, songs, dances, and pantomimes,.
  117. You may engage in these activities only to the extent allowed under the Wizards of the Coast Fan Content Policy or
  118. separately agreed between You and Us.
  119. C. Licensed Works For a work to be a Licensed Work under this OGL: Non-commercial, it must meet all four of the
  120. following:
  121. i. it qualifies as a covered works as defined in Section I.B;
  122. a. it contains both Licensed Content and Your Content,
  123. b. it does not contain Unlicensed Content; and
  124. c. it contains the text of this OGL: Non-Commercial within the body of the work.
  125. II. LICENSE. If, and only if, You fully comply with the terms and conditions of this agreement, You may copy, use, modify
  126. and distribute Licensed Content around the world as part of Licensed Works on a non-commercial basis, meaning for
  127. free: not in exchange for money or any other thing of value.
  128. A. We may offer others the ability to use Licensed Content or Unlicensed Content under any conditions We choose.
  129. B. You may not transfer Your rights and duties under this agreement under any circumstance or for any reason. This
  130. license is not sub-licensable.
  131. COMMENTS:
  132. As We said in the intro, “commercial” distribution is any distribution You get paid for in any form: money, crypto, barter,
  133. Your brother doing Your chores for a week, whatever. It does not include donations people give You to support Your
  134. work as long as they can have access to Your work for free if they choose to, and You informed them of that in a clear
  135. and obvious way.
  136. III. OWNERSHIP. You agree that We own copyright, trademark, and patent rights, if any, in the Licensed Content and the
  137. Unlicensed Content. We reserve all rights not expressly given to You through this agreement. You agree to include any
  138. copyright or other rights notices included with the Licensed Content in Your Licensed Works, and You may not impose
  139. any additional, different, or inconsistent terms or conditions with respect to the Licensed Content in any license You
  140. grant to any Licensed Works.
  141. IV. IDENTIFICATION OF LICENSED CONTENT. You must identify in Your Licensed Works which content is Licensed Content
  142. and which content is Your Content, in a way that allows a reader of Your Licensed Work to understand the distinction
  143. without checking any other document.
  144. COMMENTS:
  145. You can identify content in any manner You want to, whether that’s using a different font for Licensed Content than for
  146. Your Content, or putting an asterisk next to Licensed Content and telling readers what those distinctions mean; citing to
  147. the SRD whenever You use Licensed Content (“Dragonborn (SRD p. 5)”); or putting a separate index or list in the back of
  148. Your Licensed Work that lists out what, exactly, You used from the SRD; or something else We haven’t thought of but
  149. You did. How You do that is entirely up to You; if Your readers can tell what’s what, We’re satisfied. But it is not enough
  150. to simply include a statement that Your
  151. Licensed Work includes Licensed Content (what used to be called “Open Game Content”). If the only way a reader can
  152. distinguish what You created from what We did is to check Your Licensed Work against the SRD, You are not in
  153. compliance with this provision.
  154. V. SHARE-ALIKE. We are letting You use Licensed Content for free because You are using it on a non-commercial basis. If
  155. you want to better protect your ownership, You may register under the OGL: Commercial. You agree that others can do
  156. the same with Your work. This means:
  157. A. Each time You distribute or otherwise make Your work available, You offer the recipient a license to the work on the
  158. same terms and conditions granted You under this license.
  159. B. You may not impose upon others any terms that alter, restrict or otherwise change the
  160. terms of this license or the recipient’s exercise of the rights granted under this license.
  161. C. You must distribute a copy of the license alongside Your work. For clarity, the license should probably appear either at
  162. the front or the back of Your book – but it must be in the book.
  163. D. The version of the license You enclose with Your work must be this license. You must keep intact all notices that refer
  164. to it and You must keep its disclaimer of warranties.
  165. VI. DONATIONS. Your distribution of Your work must be non-commercial. This means that You cannot require that
  166. anyone give You anything of value in exchange for Your work or copies of Your work. However, You are permitted to
  167. accept donations through Patreon, Ko-fi, or other similar platforms provided that the donations are not a condition of
  168. the receipt of Your work, and You make that clear and obvious to Your donors. In other words, if You make Your work
  169. available for free and ask others to contribute what they like to You so that You can continue to do so? You’re fine. But if
  170. any of Your work is available only to “subscribers,” “patrons,” or any other word for people who give You money for
  171. access to it, then Your non-free work is subject to the OGL: Commercial and all of that income is “revenue” under that
  172. license.
  173. VII. WARRANTIES AND DISCLAIMERS. You represent and warrant that:
  174. A. You are over 18 years of age or, if younger, have had Your parent or guardian review these terms and agree to them
  175. on Your behalf.
  176. B. You have power, the authority, and the right to enter into this agreement and perform the obligations it asks of You.
  177. C. If We require additional paperwork or documentation from You in connection with a Licensed Work, You will provide
  178. it to Us as soon as possible.
  179. D. You will comply with any other requirements We have related to this agreement, such as registering or creating an
  180. account with Us.
  181. E. Your Licensed Works do not and will not infringe upon any third party’s intellectual property rights or any of Our
  182. rights not licensed to You via this agreement or any other.
  183. F. You will not state, suggest, or imply that Your Licensed Works are endorsed by, or associated with, Us, except that You
  184. must include the text of this OGL: NonCommercial within the body of the work to indicate that Your Licensed Works are
  185. compliant with this agreement.
  186. G. You will not violate the law in any way relating to this agreement or Your Licensed Works.
  187. H. You will not use any of the content or works covered by Section I for any harmful, discriminatory, illegal, obscene, or
  188. harassing purposes.
  189. I. You will not do anything that could harm Our reputation, that of Dungeons & Dragons, or the reputation of the
  190. Licensed Content or Unlicensed Content. For purposes of clarity, this provision does not apply to criticism of Wizards of
  191. the Coast, Dungeons & Dragons, or the Licensed Content or Unlicensed Content that does not independently violate
  192. these provisions.
  193. J. You will not attempt to circumvent or go around this agreement in any way.
  194. VIII. TERMINATION. This agreement may be modified or terminated.
  195. A. Modification: This agreement is, along with the OGL: Commercial, an update to the previously available OGL 1.0(a),
  196. which is no longer an authorized license agreement. We can modify or terminate this agreement for any reason
  197. whatsoever, provided We give thirty days’ notice. We will provide notice of any such changes by posting the revisions on
  198. Our website and by making public announcements of the changes through Our social media channels.
  199. B. Termination:
  200. i. We may terminate the agreement immediately if:
  201. a. You infringe upon or misuse any of Our intellectual property, violate any law in relation to Your activities under this
  202. agreement, or if We determine in Our sole discretion that You have violated Section VIII.G or VIII.H. To be clear, We have
  203. the sole right to decide what conduct violates Section VIII.G or Section VIII.H
  204. and You covenant and agree that You will not contest any such determination via any suit or other legal action. To the
  205. extent necessary and allowed by law, You waive any duty of good faith and fair dealing We would otherwise have in
  206. making any such determination.
  207. b. You breach any other term or condition in this agreement, and that breach is not cured within 30 days of Our
  208. providing You notice of the breach by communicating with You as provided in Section VIII.A.
  209. c. You bring an action challenging Our ownership of the Licensed Content, Unlicensed Content, or any patent or
  210. trademark owned by Wizards of the Coast.
  211. C. You may terminate this agreement at any time by (i) ceasing all distribution of all Your Licensed Works; and (ii)
  212. providing Us with written notice.
  213. COMMENTS:
  214. We know this may come off strong, but this is important: If You attempt to use the OGL as a basis to release blatantly
  215. racist, sexist, homophobic, trans-phobic, bigoted or otherwise discriminatory content, or do anything We think triggers
  216. these provisions, Your content is no longer licensed. To be clear, We want to, and will always, support creators who are
  217. using the OGL to help them explore sensitive subjects in a positive manner, but We will not tolerate materials We
  218. consider to be in any way counter to the spirit of D&D. Additionally, You waive any right to sue over Our decision on
  219. these issues. We’re aware that, if We somehow stretch Our decision of what is or is not objectionable under these
  220. clauses too far, We will receive community pushback and bad PR, and We’re more than open to being convinced that
  221. We made a wrong decision. But nobody gets to use the threat of a lawsuit as part of an attempt to convince Us. D. Upon
  222. Termination
  223. i. Upon termination of this agreement by Wizards of the Coast, You will cease all sales and distribution of Your Licensed
  224. Works.
  225. ii. Your obligation to pay royalties survives the termination of the agreement. So do the following provisions: Sections III,
  226. VII, and IX-XI.
  227. IX. INDEMNITY. If You get in legal trouble, or get Us in legal trouble, here’s what will
  228. happen:
  229. A. If We are on the receiving end of any legal claims, fees, expenses, or penalties related to Your Licensed Works, You’re
  230. responsible for paying all Our costs, including attorney’s fees, costs of court, and any judgments or settlements.
  231. B. If a claim is raised against You in connection with a Licensed Work, and You aren’t defending such a claim to Our
  232. satisfaction, We have the right, but not the obligation, to take over the defense of that claim against You. If We do so,
  233. You will reimburse Us for Our costs and expenses related to that defense.
  234. C. We may, at Our discretion, seek to intervene in a case brought against You in order to join in the defense of the
  235. claims, while leaving You and Your counsel in charge of Your own defense. If We do so, We will defend at Our own
  236. expense and cost. As for Our IP, that’s Ours to defend – You don’t have any obligation to defend Dungeons & Dragons IP
  237. Yourself, and in fact wouldn’t have standing (the legal right) to do so.
  238. X. OTHER PRODUCTS. Sometimes, great minds think alike. We can’t and won’t cancel products out of fear that they’d be
  239. seen as “similar to” Licensed Works. Therefore:
  240. A. You agree that nothing prohibits Us from developing, distributing, selling, or promoting something that is
  241. substantially similar to a Licensed Work.
  242. B. You own the new and original content You create. You agree to give Us a nonexclusive, perpetual, irrevocable,
  243. worldwide, sub-licensable, royalty-free license to use that content for any purpose.
  244. C. For clarity, nothing contained in this Section impacts Your agreement that Our Licensed Content, Unlicensed Content,
  245. and anything else You are not otherwise expressly authorized to use, under the terms of this agreement or any other
  246. agreement, remains Our sole property.
  247. XI. DISCLAIMER OF WARRANTIES. YOU UNDERSTAND AND AGREE THAT WE ARE PROVIDING THE PERMITTED CONTENT
  248. “AS IS” AND MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND CONCERNING YOUR USE OF THE PERMITTED
  249. CONTENT EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT. WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED,
  250. STATUTORY OR OTHERWISE. YOU BEAR ALL RISK OF USING THE PERMITTED CONTENT AND SUCH USE IS SOLELY AT
  251. YOUR OWN DISCRETION AND RISK.
  252. XII. LIMITATION OF LIABILITY. We have no liability to You for any types of damages in connection with Your use of the
  253. Licensed Content including without limitation any indirect, consequential, special, punitive, or exemplary damages, so
  254. long as Our conduct at issue was not grossly negligent or intentional.
  255. COMMENTS:
  256. We’re giving You a license, not agreeing to take on potential liability when We do so. To be honest, We’re not really sure
  257. what We could do while making Dungeons & Dragons content available to You that could ever be “grossly negligent,”
  258. but Our lawyers say We need to include that last clause under Washington law, so in it goes.
  259. XIII. MISCELLANEOUS.
  260. A. Notices. Any notices You send to Us must be sent to Us via email to . We may send notices to You to any email or
  261. physical address We can locate for You, including the email address used for Your registration with D&D Beyond, if You
  262. registered an account on that platform.
  263. B. Entire Agreement and Disclaimer of Reliance. This agreement governs Your use of the Licensed Content and, unless
  264. otherwise stated in this agreement, any prior agreements between Us and You are no longer in force. This agreement
  265. consists only of the terms expressly included herein, and not any matter not expressly included herein. For purposes of
  266. clarity, the introduction preceding the agreement and the comments and explanations accessible through links within
  267. the body of this agreement are not a part of this agreement and have no legal force or effect. In accepting this
  268. agreement You represent and warrant to Us that You have relied only on the terms of the agreement and the advice of
  269. Your own counsel, if any; You have not relied on anything that is not expressly a part of this agreement.
  270. C. Updates and/or Amendments by Wizards of the Coast. It may be necessary for Us to update and/or amend this
  271. agreement in the future and We reserve the right to do so. If We do, We will provide notice of those updates. You have
  272. the right to either proceed under the terms of the updated/amended agreement or follow the provisions of Section VIII
  273. for Termination.
  274. D. No Waiver of Rights. If We fail to exercise any right We have under this agreement, that failure will not prevent Us
  275. from exercising that right in the future.
  276. E. Assignment. The rights granted to You under this agreement are granted solely to You and You may not transfer those
  277. rights to another person or entity, unless We give You written permission to do so. We, in Our sole discretion, will
  278. determine whether to allow You to transfer the rights granted to You.
  279. F. Severability. In the event that any part of this agreement is held to be unenforceable or invalid for any reason, the
  280. balance of this agreement will be enforced as if that part which is unenforceable or invalid did not exist.
  281. G. Governing Law/Jurisdiction/Class Action Waiver. This agreement and all matters relating to its interpretation and
  282. enforcement will be governed by the laws of the State of Washington, and any disputes arising out of or relating to this
  283. agreement will be resolved solely and exclusively through individual litigation, and each party hereto irrevocably waives
  284. the right to participate in any class, collective, or other joint action with respect to such a dispute. You consent to the
  285. exclusive jurisdiction and venue of the federal and state courts located in King County, Washington for the resolution of
  286. any dispute arising out of or relating to this agreement.
  287. H. Waiver of Jury Trial. We and You each waive any right to a jury trial of any dispute, claim or cause of action related to
  288. or arising out of this agreement.
  289. I. Review by Counsel. You agree that You have reviewed this agreement carefully and have had ample opportunity to
  290. obtain advice as to the meaning of the terms and agreements contained herein from such advisors, including attorneys,
  291. as You deemed appropriate or necessary.
  292. OGL 1.1: Commercial
  293. Any commercial use of Licensed Content (defined below) is subject to this agreement; by making commercial use of
  294. Licensed Content, You agree to the terms of this agreement. This agreement contains Your consent to jurisdiction in
  295. Washington State for any disputes between You and Us, and Your agreement that any such disputes will be resolved in
  296. individual litigation heard by a judge rather than a jury. If a dispute ever occurs, We hope You agree with Us that it’s best
  297. all-around if it is handled quickly, efficiently, and with the least expense possible.
  298. I. CONTENT COVERED (AND NOT). Dungeons & Dragons involves several different
  299. categories of content created by the creator (“You”), and by Wizards of the Coast, and its parents, affiliates, suppliers
  300. and distributors (“Us” or “We”). Here are the different kinds of content, and how they relate to this license. A. Content
  301. Covered.
  302. i. Usable D&D Content (“Licensed Content”) – This is Dungeons & Dragons content that is included in the SRD v. 5.1,
  303. including basic game mechanics and a curated selection of classes, monsters, spells, and items that allow You to make
  304. content compatible with Dungeons & Dragons 5th edition.
  305. ii. Not Usable D&D Content (“Unlicensed Content”) – This is Dungeons & Dragons content that has been or later will be
  306. produced as “official” – that is, released by Wizards of the Coast or any of its predecessors or successors – and is not
  307. present in the SRD v. 5.1. Unlicensed Content includes things like the most famous Dungeons & Dragons monsters,
  308. characters, magic spells, and things relating to the various settings used in Dungeons & Dragons official content over the
  309. years – what the old Open Game License referred to as “Product Identity.” Unlicensed Content is NOT covered by this
  310. agreement, and You agree not to use Unlicensed Content unless Your use is specifically authorized by a separate
  311. agreement with Us. If You want to include that content in Your work, You must go through the Dungeon Masters Guild
  312. or other official channels.
  313. iii. Your Content – These are the characters, classes, settings, spells, items, new rules, and other creations that You have
  314. crafted. They are Your original contributions to the works that You want to sell. This license permits You to combine
  315. Your content with the Licensed Content and commercially distribute the resulting works.
  316. B. Works Covered. This license only applies to materials You create for use in or as roleplaying games and as game
  317. supplements and only as printed media and static electronic files such as epubs or pdfs. It does not allow the distribution
  318. of any other form of media. And does not apply to creation of anything else.
  319. COMMENTS:
  320. To be clear, OGL: Commercial only allows for creation of roleplaying games and supplements in printed media and static
  321. electronic file formats. It does not allow for anything else, including but not limited to things like videos, virtual tabletops
  322. or VTT campaigns, computer games, novels, apps, graphics novels, music, songs, dances, and pantomimes. You may
  323. engage in these activities only to the extent allowed under the Wizards of the Coast Fan Content Policy or separately
  324. agreed between You and Us.
  325. C. Licensed Works. For a work to be a Licensed Work under this OGL: Commercial, it must meet all four of the following
  326. criteria:
  327. i. it qualifies as a covered works as defined in Section I.B;
  328. ii. it contains both Licensed Content and Your Content, but not Unlicensed Content:
  329. iii. it does not contain Unlicensed Content; and
  330. iv. it displays the following “Creator Content” badge in the manner specified in the Creator Content Badge Style Guide:
  331. [drop in picture]
  332. II. LICENSE. If, and only if, You fully comply with the terms and conditions of this agreement, You may copy, use, modify
  333. and distribute Licensed Content around the world as part of Licensed Works on a commercial basis.
  334. A. We may offer others the ability to use Licensed Content or Unlicensed Content under any conditions We choose.
  335. B. You may not transfer Your rights and duties under this agreement under any circumstance or for any reason. This
  336. license is not sub-licensable.
  337. III. OWNERSHIP. You agree that We own copyright, trademark, and patent rights, if any, in the Licensed Content and the
  338. Unlicensed Content. We reserve all rights not expressly given to You through this agreement. You agree to include any
  339. copyright or other rights notices included with the Licensed Content in Your Licensed Works, and You may not impose
  340. any additional, different, or inconsistent terms or conditions with respect to the Licensed Content in any license You
  341. grant to any Licensed Works.
  342. IV. IDENTIFICATION OF LICENSED CONTENT. You must identify in Your Licensed Works which content is Licensed Content
  343. and which content is Your Content, in a way that allows a reader of Your Licensed Work to understand the distinction
  344. without checking any other document.
  345. COMMENTS:
  346. You can identify content in any manner You want to, whether that’s using a different font for Licensed Content than for
  347. Your Content, or putting an asterisk next to Licensed Content and telling readers what those distinctions mean; citing to
  348. the SRD whenever You use Licensed Content (“Dragonborn (SRD p. 5)”); putting a separate index or list in the back of
  349. Your Licensed Work that lists out what, exactly, You used from the SRD; or something else We haven’t thought of but
  350. You did. How You do that is entirely up to You; if Your readers can tell what’s what, We’re satisfied. But it is not enough
  351. to simply include a statement that Your Licensed Work includes Licensed Content (what used to be called “Open Game
  352. Content”). If the only way a reader can distinguish what You created from what We did is to check Your Licensed Work
  353. against the SRD, You are not in compliance with this provision.
  354. V. LEVELING UP UNDER THIS AGREEMENT. This agreement covers all commercial uses, whether they’re profitable or not.
  355. Note that if You appear to have achieved great success – that is, consistently meeting or exceeding the “Expert Tier”
  356. qualification below – from producing OGL: Commercial content, We may reach out to You for a more custom (and
  357. mutually beneficial) licensing arrangement.
  358. A. Initiate Tier. If You have registered at least one Licensed Work but haven’t generated $50,000 or more in total (gross)
  359. revenue from OGL: Commercial products in a given year, You are at the Initiate Tier.
  360. B. Intermediate Tier. If Your Licensed Work(s) have generated more than $50,000 in total revenue in a given year but
  361. less than $750,000, You are at the Intermediate Tier.
  362. 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
  363. Expert Tier.
  364. COMMENTS:
  365. Why the tiers? For one thing, it’s Dungeons & Dragons (and even Our lawyers play); it’s possible We’re not actually sure
  366. how to design something without some form of leveling up.
  367. But also, We’re trying to minimize the burden on Our creators as much as possible. As You’ll see below, if You’re in the
  368. Initiate Tier, all We need from You is some basic information about what You’ve created and are offering for sale. Once
  369. You work Your way to the Intermediate Tier, We’ll ask You to provide annual financial reporting, so that We can see
  370. whether royalties are due. Reaching the Expert Tier means You will pay Us royalties on Your revenue over $750,000. If
  371. You’re doing incredibly well, You might level up into a custom license.
  372. VI. REGISTRATION AND REPORTING.
  373. A. Registration. No matter what Tier You are in or how much money You believe Your product will make, You must
  374. register with Us any new Licensed Work You intend to offer for sale, by going to [insert detail], filling out the form there,
  375. and including a description of the Licensed Work. We’ll also ask for Your contact information, information on where You
  376. intend to publish the Licensed Work, and its price, among other things.
  377. B. Reporting. As soon as You make $50,000 in gross revenue for a particular year on products covered by the OGL:
  378. Commercial – and as it is used in this agreement, “revenue” means any income You make from selling a work licensed
  379. under this agreement, or from crowdfunding those works, or any other income source – and reach the Intermediate
  380. Tier, You will need to [method for reporting income]. In addition, You will need to provide Us with Your year-end
  381. numbers by [again, method] by February 15 of the next year.
  382. VII. ROYALTIES. If, and only if, You are generating a significant amount of money (over $750,000 per year across all
  383. Licensed Works) from Your Licensed Works, The revenue You make from Your Licensed Works in excess of $750,000 in a
  384. single calendar year is considered “Qualifying Revenue” and You are responsible for paying Us 20% or 25% of that
  385. Qualifying Revenue as explained in Section IX.B.2.
  386. A. Delayed Collection: Though this agreement is effective January 13, 2023, no royalties will be due on any income
  387. earned before January 1, 2024 – no matter how much that income is. We want to give Our community a lot of lead time
  388. to plan for this. For clarity, all other requirements of this agreement are in effect from the time You enter into the
  389. agreement.
  390. B. Payment Tiers:
  391. i. At the Initiate and Intermediate Tiers, You will pay a 0% royalty.
  392. ii. At the Expert Tier, You will pay royalties as follows:
  393. a. If Your Licensed Work is crowdfunded or sold via any platform other than Kickstarter, You will pay a 25% royalty on
  394. Qualifying Revenue.
  395. b. If Your Licensed Work is crowdfunded on Kickstarter, Our preferred crowdfunding platform, You will only pay a 20%
  396. royalty on Qualifying Revenue.
  397. c. If You have more than one Licensed Work, and only some of Your Licensed Works are funded through Kickstarter, You
  398. will pay royalties on Your Qualifying Revenue based on the proportion of Your total revenue that was earned through
  399. Kickstarter. For example, if You sell two Licensed Works, one of which earned $600,000 on Kickstarter, and the other of
  400. which earned $200,000 off of Kickstarter, You will have $800,000 of total revenue and $50,000 of Qualifying Revenue, of
  401. which 75% came from Kickstarter and 25% did not. So You will pay a royalty of 20% on $37,500 of Your Qualifying
  402. Revenue ($7,500), and a royalty of 25% on the remaining $12,500 of Qualifying Revenue ($3,125).
  403. C. Payment:
  404. i. Royalty payments for a given year are due on or before March 31 of the succeeding year. For example, if $1,000 in
  405. royalties are due for 2024, You must pay Us that $1,000 before March 31, 2025.
  406. ii. Please pay Us on time! If You don’t, We reserve the right to charge interest at either 1.5% per month or the maximum
  407. amount permitted under applicable law, whichever is lower.
  408. iii. Please pay Us fully! If You don’t, in addition to paying the unpaid royalty and any applicable interest for late payment,
  409. You will be charged Our actual costs of reviewing Your records if You underpaid by 10% or more.
  410. iv. You must keep complete and accurate records sufficient to confirm Your compliance with this agreement, including
  411. the calculations of amounts due, for a period of three (3) years after each royalty period. In other words, if You have
  412. revenue from Licensed Works in 2024, You’ll need to keep those records through January 1, 2028.
  413. v. If We ask, You will provide Us with copies of Your records relating to revenue earned from Your Licensed Works,
  414. including those records You used to calculate the amount of royalties due to Us, so We can confirm the calculations of
  415. those amounts and audit Your royalty payments. If any mistakes were made, You agree to promptly pay Us the amount
  416. that was not paid, plus any interest due.
  417. COMMENTS:
  418. We want to be crystal clear about this. Royalties are due only on revenue above $750,000. If You make $750,001 on
  419. Licensed Works in 2024, You will owe Us a grand total of 25 cents (or 20 cents if You funded Your product through
  420. Kickstarter). We know this calculation can get more complicated if You have some works funded through Kickstarter and
  421. others that aren’t, but please don’t stress about it; if You have questions about Your particular situation, reach out to Us
  422. at [EMAIL] and We’ll work through them together.
  423. VIII. FUNDRAISING. We don’t object to You crowdfunding for Your Licensed Works, but We need to address concerns
  424. about overreaching and prevent the funding of infringing products. Because of that, this section has very specific
  425. requirements. If You are planning on crowdfunding, You must read this whole section carefully, and be sure You are fully
  426. compliant with it. A. You may crowdfund, provided:
  427. i. You may only crowdfund the production of Licensed Works.
  428. ii. No infringing materials are given out as perks or rewards.
  429. B. The primary product for Your campaign must be a Licensed Work, such as a campaign setting. You may have stretch
  430. goals that are not Licensed Works, provided they do not infringe upon Our intellectual property. For example, a dice set
  431. with Your company’s original logo (but not one with Ours) is permissible. You may also have stretch goals that would
  432. otherwise qualify as Licensed Works, such as modules and adventures. Those additional modules and adventures do not
  433. have to be registered separately with Us unless and until You decide to sell them separately from the campaign.
  434. C. Your entire campaign, including stretch goals, is considered one product for the purposes of the royalty threshold: if
  435. Your campaign raises $750,001 or more, You pay royalties on that last dollar, because the product You are crowdfunding
  436. exceeds the $750,000 revenue threshold. That said, revenue for any “add-on” material that backers separately purchase
  437. is not considered “Qualifying Revenue” unless the add-on is also a Licensed Work. Some examples may help make this
  438. clearer:
  439. i. Bruenor Battleaxe, author of Throwing Blades (a 5e Sourcebook), and Blocking Blades (a 5e Campaign) made a lot of
  440. money on those publications last year. Given how well Throwing Blades did, Bruenor decides to crowdfund for Blades II:
  441. Electric Boogaloo. He includes miniature replica blades as a stretch goal and has a backer-tier that grants access to all
  442. stretch goals. The replica blades are not Licensed Works (because they aren’t text-printed or printable) but all revenue
  443. from that backer-tier still counts as Qualifying Revenue.
  444. ii. Bruenor runs the same campaign and includes the same miniatures, but makes them available as add-ons for separate
  445. purchase. Because the miniatures are not Licensed
  446. Works and are being purchased separately, none of the revenue from those purchases is Qualifying Revenue.
  447. iii. Bruenor runs the same campaign, but in addition to the miniatures he also includes his other supplements –
  448. Throwing Blades and Blocking Blades – as separately purchasable add-ons. Because Throwing Blades and Blocking Blades
  449. are Licensed Works, revenue from purchases of them as add-ons is Qualifying Revenue.
  450. iv. Bruenor runs the same campaign, and includes all of the same add-ons – but this time offers it as a bundle: the
  451. miniatures and the supplements for one price. Because the supplements are Licensed Works, all of that revenue counts
  452. as Qualifying Revenue.
  453. IX. WARRANTIES AND DISCLAIMERS. You represent and warrant that:
  454. A. You are over 18 years of age or, if younger, have had Your parent or guardian review these terms and agree to them
  455. on Your behalf.
  456. B. You have power, the authority, and the right to enter into this agreement and perform the obligations it asks of You.
  457. C. If We require additional paperwork or documentation from You in connection with a Licensed Work, You will provide
  458. it to Us as soon as possible.
  459. D. You will comply with any other requirements We have related to this agreement, such as registering or creating an
  460. account with Us.
  461. E. Your Licensed Works do not and will not infringe any third party’s intellectual property rights or any of Our rights not
  462. licensed to You via this agreement or any other.
  463. F. You will not state, suggest, or imply that Your Licensed Works are endorsed by, or associated with, Us, except that You
  464. must apply the Creator Product badge to indicate that Your Licensed Works are compliant with this agreement.
  465. G. You will not violate the law in any way relating to this agreement or Your Licensed Works.
  466. H. You will not use any of the content or works covered by Section I for any harmful, discriminatory, illegal, obscene, or
  467. harassing purposes.
  468. I. You will not do anything that could harm Our reputation, that of Dungeons & Dragons, or the reputation of the
  469. Licensed Content or Unlicensed Content. For purposes of clarity, this provision does not apply to criticism of Wizards of
  470. the Coast, Dungeons & Dragons, or the Licensed Content or Unlicensed Content that does not independently violate
  471. these provisions.
  472. J. You will not attempt to circumvent or go around this agreement in any way, such as by creating separate entities to try
  473. to evade payment of royalties.
  474. X. TERMINATION. This agreement may be modified or terminated.
  475. A. Modification: This agreement is, along with the OGL: Non-Commercial, an update to the previously available OGL
  476. 1.0(a), which is no longer an authorized license agreement. We can modify or terminate this agreement for any reason
  477. whatsoever, provided We give thirty (30) days’ notice. We will provide notice of any such changes by posting the
  478. revisions on Our website, and by making public announcements through Our social media channels. B. Termination:
  479. i. We may terminate the agreement immediately if:
  480. a. You infringe upon or misuse any of Our intellectual property, violate any law in relation to Your activities under this
  481. agreement, or if We determine in Our sole discretion that You have violated Section VIII.G or VIII.H. To be clear, We have
  482. the sole right to decide what conduct violates Section VIII.G or Section VIII.H and You covenant and agree that You will
  483. not contest any such determination via any suit or other legal action. To the extent necessary and allowed by law, You
  484. waive any duty of good faith and fair dealing We would otherwise have in making any such determination.
  485. b. You breach any other term or condition in this agreement, and that breach is not cured within thirty (30) days of Our
  486. providing You notice of the breach by communicating with You as provided in Section XV.A.
  487. c. You bring an action challenging Our ownership of the Licensed Content, Unlicensed Content, or any patent or
  488. trademark owned by Wizards of the Coast.
  489. ii. You may terminate this agreement at any time by (1) ceasing all distribution of all Your Licensed Works, or by ceasing
  490. all sales of all Your Licensed Works and making such works available for free under a license with terms equivalent to
  491. those in the OGL: Non-Commercial; and (2) providing Us with written notice.
  492. COMMENTS:
  493. We know this may come off strong, but this is important: If You attempt to use the OGL as a basis to release blatantly
  494. racist, sexist, homophobic, trans-phobic, bigoted or otherwise discriminatory content, or do anything We think triggers
  495. these provisions, Your content is no longer licensed. To be clear, We want to, and will always, support creators who are
  496. using the OGL to help them explore sensitive subjects in a positive manner, but We will not tolerate materials We
  497. consider to be in any way counter to the spirit of D&D. Additionally, You waive any right to sue over Our decision on
  498. these issues. We’re aware that, if We somehow stretch Our decision of what is or is not objectionable under these
  499. clauses too far, We will receive community pushback and bad PR, and We’re more than open to being convinced that
  500. We made a wrong decision. But nobody gets to use the threat of a lawsuit as part of an attempt to convince Us.
  501. C. Upon Termination:
  502. i. Upon termination of this agreement by Wizards of the Coast, You will cease all sales and distribution of Your Licensed
  503. Works in exchange for any form of revenue.
  504. ii. Your obligation to pay royalties survives the termination of the agreement. So do the following provisions: Sections III,
  505. VI, VIII, and X-XIII.
  506. XI. INDEMNITY. If You get in legal trouble, or get Us in legal trouble, here’s what will
  507. happen:
  508. A. If We are on the receiving end of any legal claims, fees, expenses, or penalties related to Your Licensed Works, You
  509. are responsible for paying all Our costs, including attorneys’ fees, costs of court, and any judgments or settlements.
  510. B. If a claim is raised against You in connection with a Licensed Work, and You aren’t defending such a claim to Our
  511. satisfaction, We have the right, but not the obligation, to take over the defense of that claim against You. If We do so,
  512. You will reimburse Us for Our costs and expenses related to that defense.
  513. C. We may, at Our discretion, seek to intervene in a case brought against You in order to join in the defense of the
  514. claims, while leaving You and Your counsel in charge of Your own defense. If We do so, We will defend at Our own
  515. expense and cost. As for Our IP, that’s Ours to defend – You don’t have any obligation to defend Dungeons & Dragons IP
  516. Yourself, and in fact wouldn’t have standing (the legal right) to do so even if We wanted You to.
  517. XII. OTHER PRODUCTS. Sometimes, great minds think alike. We can’t and won’t cancel products out of fear that they’d
  518. be viewed as “similar to” Licensed Works. Therefore:
  519. A. Nothing prohibits Us from developing, distributing, selling, or promoting something that is substantially similar to a
  520. Licensed Work.
  521. B. You own the new and original content You create. You agree to give Us a nonexclusive, perpetual, irrevocable,
  522. worldwide, sub-licensable, royalty-free license to use that content for any purpose.
  523. C. For clarity, nothing contained in this Section impacts Your agreement that Our Licensed Content, Unlicensed Content,
  524. and anything else You are not otherwise expressly authorized to use, under the terms of this agreement or any other
  525. agreement, remains Our sole property.
  526. XIII. DISCLAIMER OF WARRANTIES. YOU UNDERSTAND AND AGREE THAT WE ARE PROVIDING THE PERMITTED CONTENT
  527. “AS IS” AND MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND CONCERNING YOUR USE OF THE PERMITTED
  528. CONTENT EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT. WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED,
  529. STATUTORY OR OTHERWISE. YOU BEAR ALL RISK OF USING THE PERMITTED CONTENT AND SUCH USE IS SOLELY AT
  530. YOUR OWN DISCRETION AND RISK.
  531. XIV. LIMITATION OF LIABILITY. We have no liability to You for any types of damages in connection with Your use of the
  532. Licensed Content, including without limitation any indirect, consequential, special, punitive, or exemplary damages, so
  533. long as Our conduct at issue was not grossly negligent or intentional.
  534. COMMENTS:
  535. We’re giving You a license, not agreeing to take on potential liability when We do so. To be honest, We’re not really sure
  536. what We could do while making Dungeons & Dragons content available to You that could ever be “grossly negligent,”
  537. but Our lawyers say We need to include that last clause under Washington law, so in it goes.
  538. XV. MISCELLANEOUS.
  539. A. Notices. Any notices You send to Us must be sent to Us via email to and any notices We send to You have to be sent
  540. to You via email to the email address You provide when You register products with Us as provided under Section V.A. It
  541. is Your responsibility to update Your registration information if Your email address changes.
  542. B. Entire Agreement and Disclaimer of Reliance. This agreement governs Your use of the Licensed Content and unless
  543. otherwise stated in this agreement; any prior agreements between Us and You are no longer in force. This agreement
  544. consists only of the terms expressly included herein, and not any matter not expressly included herein. For purposes of
  545. clarity, the introduction preceding the agreement and the comments and explanations accessible through links within
  546. the body of this agreement are not a part of this agreement and have no legal force or effect. In accepting this
  547. agreement, You represent and warrant to Us that You have relied only on the terms of the agreement and the advice of
  548. Your own counsel, if any; You have not relied on anything that is not expressly a part of this agreement.
  549. C. Updates and/or Amendments by Wizards of the Coast. It may be necessary for Us to update and/or amend this
  550. agreement in the future and We reserve the right to do so. If We do, and You are already registered under this license,
  551. We will send notice to You. You have the right to either proceed under the terms of the updated/amended agreement
  552. or follow the provisions of Section IX for Termination.
  553. D. No Waiver of Rights. If We fail to exercise any right We have under this agreement, that failure will not prevent Us
  554. from exercising that right in the future.
  555. E. Assignment. The rights granted to You under this agreement are granted solely to You and You may not transfer those
  556. rights to another person or entity, unless We give You written permission to do so. We, in Our sole discretion, will
  557. determine whether to allow You to transfer the rights granted to You.
  558. F. Severability. In the event that any part of this agreement is held to be unenforceable or invalid for any reason, the
  559. balance of this agreement will be enforced, as if that part which is unenforceable or invalid, did not exist.
  560. G. Governing Law/Jurisdiction/Class Action Waiver. This agreement and all matters relating to its interpretation and
  561. enforcement will be governed by the laws of the State
  562. of Washington, and any disputes arising out of or relating to this agreement will be resolved solely and exclusively
  563. through individual litigation, and each party hereto irrevocably waives the right to participate in any class, collective, or
  564. other joint action with respect to such a dispute. You consent to the exclusive jurisdiction and venue of the federal and
  565. state courts located in King County, Washington for the resolution of any dispute arising out of or relating to this
  566. agreement.
  567. H. Waiver of Jury Trial. We and You each waive any right to a jury trial of any dispute, claim or cause of action related to
  568. or arising out of this agreement.
  569. I. Review by Counsel. You agree that You have reviewed this agreement carefully and have had ample opportunity to
  570. obtain advice as to the meaning of the terms and agreements contained herein from such advisors, including attorneys,
  571. as You deemed appropriate or necessary.
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