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Advice the First: If you *really* are not sure of the answers to these questions, you should consider either not publishing under the OGL or hiring a lawyer to answer these questions for you.
Advice the Second: It appears as though you do understand the OGL, you're just seeking confirmation that you understand correctly. A messageboard (that isn't devoted to the topic) isn't the place to get that confirmation. Instead, develop contacts in the industry, contact publishers via email, and/or find a messageboard devoted to property rights and understanding legalese.
Advice the Third: All of your assumptions are nominally correct, but they are also oversimplifications of intricacies of publishing under the OGL. The simple answer is "yes, but..." followed by a list of caveats (as noted in the OGL and OGL statements of the products you wish to draw from).
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Aspiring game designer here, with a question about the use of OGL-licensed materials in my own game. As I understand the license, I am allowed to use Pathfinder and 3.5 content licensed under the OGL in my own, commerically published content, without paying royalties. Is this correct?
Yes, but you must comply with all provisions of the licence. They're generally not restrictive. If you don't comply with the OGL you have no right to use any of this content.
If so, am I also correct in assuming I can include character creation rules, and modify the existing game content, as long as the product isn't branded as affiliated or compatible with 3.5 and Pathfinder?
You can modify game content (though it is still derivative work and therefore you can only use it as OGC). You can include your own character creation rules, or ones that are OGC if you can find any. You may not mark your product as compatible with d20, D&D, Pathfinder or anyone else's products at all - that requires a separate licence - though "3.5" and similar allusions are not owned by anyone.
Finally, is it also true that I can license one work under multiple licenses; that is, so long as I clearly separate OGL and non-OGL material, I can retain copyright to portions of my own work, while also utilizing OGL materials?
You may not apply any further restrictions to OGC. For Product Identity or content that doesn't fall under the OGL, it depends what the other licence says. You don't have to use any licence for your own work - you simply retain copyright to it.
Chief Technical Officer
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...You may not mark your product as compatible with d20, D&D, Pathfinder or anyone else's products at all - that requires a separate licence...
For the Pathfinder RPG, that would be the Pathfinder RPG Compatibility License.
=====Thread Hi-Jack because I'm too lazy to start a new thread=====
I have a question that somebody might be able to answer.
How far back down the chain does one have to go when referencing game content in Part 15 of the license?
What I mean is, say (this may get confusing)
Has anyone see something like this before? I know that some companies have done monster compendiums, like for example Expeditious Retreat Press's Monster Geographica and Paizo has included some Tome of Horror's monsters in their bestiaries. Does anyone know if they have gone back to the original source in later products or do they just reference the most recent source?
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Chief Technical Officer
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The rule is:
6. Notice of License Copyright: You must update the COPYRIGHT NOTICE portion of this License to include the exact text of the COPYRIGHT NOTICE of any Open Game Content You are copying, modifying or distributing, and You must add the title, the copyright date, and the copyright holder's name to the COPYRIGHT NOTICE of any original Open Game Content you Distribute."
Therefore:
company A puts out Monster X.
Then company B uses Monster X in their product, referencing company A's product where they got it.
Now say company C comes along and wants to use Monster X and they are referencing company B's product for it. Should they also be referencing company A's product as well?
I tried to answer with the A/B/C stuff, but it's too easily misunderstood. Let's go real-world.
The section 15 from the Core Rulebook says this:
15. COPYRIGHT NOTICE
Open Game License v 1.0a Copyright 2000, Wizards of the Coast, Inc.
System Reference Document. Copyright 2000, Wizards of the Coast, Inc.; Authors Jonathan Tweet, Monte Cook, Skip Williams, based on material by E. Gary Gygax and Dave Arneson.
Pathfinder RPG Core Rulebook. Copyright 2010, Paizo Publishing, LLC; Author: Jason Bulmahn, based on material by Jonathan Tweet, Monte Cook, and Skip Williams.
The Book of Experimental Might. Copyright 2008, Monte J. Cook. All rights reserved.
Tome of Horrors. Copyright 2002, Necromancer Games, Inc.; Authors: Scott Greene, with Clark Peterson, Erica Balsley, Kevin Baase, Casey Christofferson, Lance Hawvermale, Travis Hawvermale, Patrick Lawinger, and Bill Webb; Based on original content from TSR.
If Pres Man Games publishes a book called "Tome of the Pres Man", the section 15 for that would look like this:
15. COPYRIGHT NOTICE
Open Game License v 1.0a Copyright 2000, Wizards of the Coast, Inc.
System Reference Document. Copyright 2000, Wizards of the Coast, Inc.; Authors Jonathan Tweet, Monte Cook, Skip Williams, based on material by E. Gary Gygax and Dave Arneson.
Tome of the Pres Man. Copyright 2011, Pres Man Games.
Pathfinder RPG Core Rulebook. Copyright 2010, Paizo Publishing, LLC; Author: Jason Bulmahn, based on material by Jonathan Tweet, Monte Cook, and Skip Williams.
The Book of Experimental Might. Copyright 2008, Monte J. Cook. All rights reserved.
Tome of Horrors. Copyright 2002, Necromancer Games, Inc.; Authors: Scott Greene, with Clark Peterson, Erica Balsley, Kevin Baase, Casey Christofferson, Lance Hawvermale, Travis Hawvermale, Patrick Lawinger, and Bill Webb; Based on original content from TSR.
So if Somebody puts out A Book that uses Open Content from Tome of the Pres Man, their section 15 would look like this:
15. COPYRIGHT NOTICE
Open Game License v 1.0a Copyright 2000, Wizards of the Coast, Inc.
System Reference Document. Copyright 2000, Wizards of the Coast, Inc.; Authors Jonathan Tweet, Monte Cook, Skip Williams, based on material by E. Gary Gygax and Dave Arneson.
A Book. Copyright 2011, Somebody.
Tome of the Pres Man. Copyright 2011, Pres Man Games.
Pathfinder RPG Core Rulebook. Copyright 2010, Paizo Publishing, LLC; Author: Jason Bulmahn, based on material by Jonathan Tweet, Monte Cook, and Skip Williams.
The Book of Experimental Might. Copyright 2008, Monte J. Cook. All rights reserved.
Tome of Horrors. Copyright 2002, Necromancer Games, Inc.; Authors: Scott Greene, with Clark Peterson, Erica Balsley, Kevin Baase, Casey Christofferson, Lance Hawvermale, Travis Hawvermale, Patrick Lawinger, and Bill Webb; Based on original content from TSR.
Basically, there are no short cuts. If you use something, you have to reference not just it, but everything that it references.
Thanks for the info.
Also Vic, I noticed