Hey all. I've been thinking about writing a D&D novel, set in my own homebrew. I've been told that this may or may not be legal. I want to know: Would it be alright as long as I used no trademarked things? Or does the D&D license or whatever belong to Hasbro? I'm almost certain that it's the former, but want to make sure.
Umm, I'm not sure any publisher would touch a novel which had 'D&D' on the cover or in the contents, or any other Wizards of the Coast Trademarks/intellectual property, unless it had been okayed by Wizards of the Coast first.
I am not a lawyer, however.
Well, it wasn't my idea to put it on the cover, but I'm not really sure. I think you'd have to have it on the cover, wouldn't you?
Just checked the UK online database, and 'Dungeons & Dragons' is definitely a registered trademark over here of Wizards of the Coast/Hasbro, with regard to multiple product lines.
Not sure where things stand with the abbreviated form 'D&D', but I suspect things would be a lot simpler if you simply avoid like the plague anything which could tie your prospective story to D&D proper nouns, D&D 'unique' monster terminology such as mind-flayers, beholders, etc).
Both of those monsters are not Open Game. What about monsters that are not Open Game, such as kobolds?
KC,
If you're looking at a home brew-setting novelization, stick to that as your novel's title (or basis of title). Referring to critters you will wan to use nomenclature from your setting such as nicknames and slang, then describing the critters in question without treading on copywritten toes.
Both of those monsters are not Open Game. What about monsters that are not Open Game, such as kobolds?Just checked the UK online database, and 'Dungeons & Dragons' is definitely a registered trademark over here of Wizards of the Coast/Hasbro, with regard to multiple product lines.
Not sure where things stand with the abbreviated form 'D&D', but I suspect things would be a lot simpler if you simply avoid like the plague anything which could tie your prospective story to D&D proper nouns, D&D 'unique' monster terminology such as mind-flayers, beholders, etc).
Kobold can't be trademarked or copyrighted in any way because they come from German folklore.
|
'Dungeons & Dragons' and 'D&D' are licensed trademarks of Hasbro/WotC. they trademarked them so that people could expressly NOT do what you are talking about. If they want a novel with Dungeons & Dragons on the cover, they will ask you to write it and you will sign a contract with them where they get MOST of the money and you get a fee set by them.
If you want to publish a novel, you will have to submit it to various publishing houses to see who will market it. None of them will accept anything if you expressly use D&D or anything like it in the story setting (i.e. D&D gods, trademarked D&D monsters, etc.).
If you ignore all this, and still decide to write a novel using D&D intellectual properties and self-publish, expect to hear from Hasbro's Legal teams, have the novel pulled from the market and be prepared to pay heavy legal fees and fines.
Hey all. I've been thinking about writing a D&D novel, set in my own homebrew. I've been told that this may or may not be legal. I want to know: Would it be alright as long as I used no trademarked things? Or does the D&D license or whatever belong to Hasbro? I'm almost certain that it's the former, but want to make sure.
Just use the Pathfinder RPG as the basis, and stick exclusively to 1) homebrewed stuff, 2) OGL stuff, and 3) things brorrowed from real-world mythology.
Good luck and remember: don't start the novel with all the main characters gathering in a tavern. :)
Hey all. I've been thinking about writing a D&D novel, set in my own homebrew. I've been told that this may or may not be legal. I want to know: Would it be alright as long as I used no trademarked things? Or does the D&D license or whatever belong to Hasbro? I'm almost certain that it's the former, but want to make sure.Just use the Pathfinder RPG as the basis, and stick exclusively to 1) homebrewed stuff, 2) OGL stuff, and 3) things brorrowed from real-world mythology.
Good luck and remember: don't start the novel with all the main characters gathering in a tavern. :)
Hey, that's an idea! Paizo strikes me as slightly less scary and intimidating than WotC. And from what I see from the compatibility thingy, it appears that that could work.
However, at any rate, as long as I don't use anything that is not Open Game License, and I don't stick 'Dungeons and Dragons' on the cover, would it be okay? The vibe I'm getting here is 'no', but I want to be sure.
However, at any rate, as long as I don't use anything that is not Open Game License, and I don't stick 'Dungeons and Dragons' on the cover, would it be okay?
I imagine you should be good that way.
Although, even though it has nothing to with the plot, you might instruct the artist to put a dual-wielding drow somewhere on the cover. Lure those unsuspecting Dr*zzt fanatics in, and get them hooked on something different and better. :)
|
|
Why do you need to worry about the Open Gaming License? If it's a story about elves, dwarves, magic and dragons, then you don't need anyone's permission to write it. Only if it's set in an established world do you need to get the permission of the owner of the intellectual property.
Unless you're looking at writing a Lorebook or Adventure that includes statistics and such on the creatures being discussed?
Why do you need to worry about the Open Gaming License? If it's a story about elves, dwarves, magic and dragons, then you don't need anyone's permission to write it. Only if it's set in an established world do you need to get the permission of the owner of the intellectual property.
Unless you're looking at writing a Lorebook or Adventure that includes statistics and such on the creatures being discussed?
No, but I am looking at kobolds and gnomes and bugbears and hobgoblins.
No, but I am looking at kobolds and gnomes and bugbears and hobgoblins.Why do you need to worry about the Open Gaming License? If it's a story about elves, dwarves, magic and dragons, then you don't need anyone's permission to write it. Only if it's set in an established world do you need to get the permission of the owner of the intellectual property.
Unless you're looking at writing a Lorebook or Adventure that includes statistics and such on the creatures being discussed?
All folklore. No problem.
Remove any reference to D&D and any of their IP and you should be OK, KC. Monsters that have any basis in folklore like kobolds are open.
The Master Lawyer (and DM)has spoken!
Great, thanks, all of you. I think I can now safely cheat the law.
Good luck, KC! I for one will be rooting for you!
|
This is all I got:
This is copyrighted information presented under the Fair Use Doctrine of the United States Copyright Act (section 107 of title 17) which states: 'the fair use of a copyrighted work...for purposes such as criticism, comment, news reporting, teaching, scholarship, or research, is not an infringement of copyright.' In practice the courts have decided that anything which does not financially harm the copyright holder is fair use.
Which means if you don't profit from it you can use their IP all you want. Is that not true, Rad?
|
The term 'fair use' means use of the copyrighted material in any of the following ways: "criticism, comment, news reporting, teaching, scholarship, or research." If your use of the material falls outside of the aforesaid activities, then your use is not 'fair use.'
On the other hand, if you don't profit from the use of their IP, then I don't see how they can justify to their stockholders the legal expense of prosecuting you.
Edit:
Nevermind, smurf.
There are plenty of writers who have done what you want to do. Raymond Feist's Riftwar novels are based on a D&D campaign his group played, and Steven Erikson and Ian Esslemont's Malazan books started out as a D&D (and later GURPS) campaign.
In Feist's case, to avoid legal action, he just had to use the world his GM (Steve Abrams) had created with his permission, and stuck to standard creatures such as elves, dwarves and goblins. Specific sub-races, like the dark elves, were carefully designed not to resemble their D&D-specific counterparts in any way.
Erikson and Esslemont went a lot further. All of the standard races were thrown out and replaced with counterparts, in some cases fairly brazenly (the Tiste Andii, Edur and Liosan are pretty much grey elves, dark elves and high elves respectively, but with enough changes to make them fairly different in motivation and nature), in others completely differently. The only traditional creatures kept in were dragons, and in the Malazan world they serve a very different role in proceedings than in standard D&D.
Your best bet is to use races and monsters predating D&D (so elves, dwarves, gnomes, goblins and kobolds are fine, although you may want to change their names as some publishers will not touch manuscripts with the traditional races in them as they've been done to death). The OGL applies to gaming only (hence GAMING license), and using blatantly D&D-originated monsters such as beholders is probably not a good idea unless you want to pit your legal wits against Hasbro's lawyers. I would also strongly consider changing the magic system. If you don't want to do that, remember when asked that you were paying homage to Jack Vance's Dying Earth books (where Gygax nicked it from) and have never played D&D in your life ;)
Other than that you should be fine.
There are plenty of writers who have done what you want to do. Raymond Feist's Riftwar novels are based on a D&D campaign his group played, and Steven Erikson and Ian Esslemont's Malazan books started out as a D&D (and later GURPS) campaign.
In Feist's case, to avoid legal action, he just had to use the world his GM (Steve Abrams) had created with his permission, and stuck to standard creatures such as elves, dwarves and goblins. Specific sub-races, like the dark elves, were carefully designed not to resemble their D&D-specific counterparts in any way.
Erikson and Esslemont went a lot further. All of the standard races were thrown out and replaced with counterparts, in some cases fairly brazenly (the Tiste Andii, Edur and Liosan are pretty much grey elves, dark elves and high elves respectively, but with enough changes to make them fairly different in motivation and nature), in others completely differently. The only traditional creatures kept in were dragons, and in the Malazan world they serve a very different role in proceedings than in standard D&D.
Your best bet is to use races and monsters predating D&D (so elves, dwarves, gnomes, goblins and kobolds are fine, although you may want to change their names as some publishers will not touch manuscripts with the traditional races in them as they've been done to death). The OGL applies to gaming only (hence GAMING license), and using blatantly D&D-originated monsters such as beholders is probably not a good idea unless you want to pit your legal wits against Hasbro's lawyers. I would also strongly consider changing the magic system. If you don't want to do that, remember when asked that you were paying homage to Jack Vance's Dying Earth books (where Gygax nicked it from) and have never played D&D in your life ;)
Other than that you should be fine.
Well, I don't plan on using any D&D only races. Magic is also different from the traditional D&D concept, though not mechanically. Kobolds, goblins, hobgoblins, elves, and dwarves are all based in folklore, and very different from the Lord of the--sorry, 'D&D' concepts. I think this is doable.
If push comes to shove, I'll say that it's a Pathfinder RPG novel, and get the permission thingy. In fact, I might do that anyways.|
Contributor, RPG Superstar 2012
|
Is this something you're looking to publish and sell, or is it something you're looking to publish and provide for free? I think there are different levels of what's allowable with the Pathfinder IP (or even, perhaps, with the D&D IP), depending on what your end goal is.
I wish you luck with your endeavor, and I'll be interested to read it when you're done.
|
|
If you are looking for a Name for the Setting (like D&D, Greyhawk, Riftwar) Try this:
The Brynryfe Universe (Burning Rift): A Post Roman Empire medieval setting.
Ku: Kobold, Goblin
Dwerg: Half-Fiend Elf, Dwarf, Giant, Halfling
In fact:
I do herein declare the Brynryft Universe to be a creative commons setting.
Sean Robert Meaney
What I'm wondering is why you need to use the D&D name at all. After all, you've stated that you're planning on using a different campaign setting and a different magic system. Is there some reason that you need to use the D&D name?
What I'm wondering is why you need to use the D&D name at all. After all, you've stated that you're planning on using a different campaign setting and a different magic system. Is there some reason that you need to use the D&D name?
I never said I was going to use the name. I just said that it would be based off D&D concepts, such as scaly kobolds and warlike hobgoblins and eccentric gnomes.
Is this something you're looking to publish and sell, or is it something you're looking to publish and provide for free? I think there are different levels of what's allowable with the Pathfinder IP (or even, perhaps, with the D&D IP), depending on what your end goal is.
I wish you luck with your endeavor, and I'll be interested to read it when you're done.
I would kind of like to publish it, like a regular novel.
|
|
What I'm wondering is why you need to use the D&D name at all. After all, you've stated that you're planning on using a different campaign setting and a different magic system. Is there some reason that you need to use the D&D name?I never said I was going to use the name. I just said that it would be based off D&D concepts, such as scaly kobolds and warlike hobgoblins and eccentric gnomes.
I don't see any copyright problems yet.
Director of Brand Strategy
|
KC, keep in mind that Stephen Ericson's Mazalan Book of the Fallen series started as a homebrew GURPS campaign. When you read the novels, though, you'd never know. It's not like there's any crunch or anything in it and the names of the races are changed from elf and such to custom names.
What I'm wondering is why you need to use the D&D name at all. After all, you've stated that you're planning on using a different campaign setting and a different magic system. Is there some reason that you need to use the D&D name?I never said I was going to use the name. I just said that it would be based off D&D concepts, such as scaly kobolds and warlike hobgoblins and eccentric gnomes.
Well, I think hobgoblins and gnomes are such staples of fantasy, that you could get away without ever referencing D&D. As far as kobolds are concerned, I realize that they're based off of mythological creatures, but in mythology, they're closer to goblins than lizards, so I think it would be better if you gave them a different name.
Well, I think hobgoblins and gnomes are such staples of fantasy, that you could get away without ever referencing D&D. As far as kobolds are concerned, I realize that they're based off of mythological creatures, but in mythology, they're closer to goblins than lizards, so I think it would be better if you gave them a different name.What I'm wondering is why you need to use the D&D name at all. After all, you've stated that you're planning on using a different campaign setting and a different magic system. Is there some reason that you need to use the D&D name?I never said I was going to use the name. I just said that it would be based off D&D concepts, such as scaly kobolds and warlike hobgoblins and eccentric gnomes.
Why though? Kobold Quarterly got away with it.
Why though? Kobold Quarterly got away with it.
Yeah, but they're a gaming magazine. Kobolds are a big part of the gaming experience. That's not necessarily the case with fantasy literature. Yeah, sometimes you see kobolds referred to here and there. However, they're almost always described as goblins rather than lizards.
Personally, I think calling lizardlike creatures 'kobolds' is the equivalent of calling a faster than light engine a 'warp drive.' Sure, you might be able to get away with it legally, but you're pushing at the boundaries of your audience's sense of disbelief, and not in a good way. People are a lot more likely to take you seriously as an author if they think your story is based off of something other than a D&D campaign.
That said, you don't have to shy away from using mythological creatures completely. For example, the Anunnaki are godlike beings from Babylonian mythology. Many UFOlogists believe that the Anunnaki are a race of lizardlike creatures from another planet. White Wolf, meanwhile, uses the term 'Annunaki' as the name for one of the houses in the Demon: The Fallen RPG. Putting all of this together, perhaps the lizardlike creatures in your world call themselves Anunnaki, and believe that they are the descendants of godlike, reptilian humanoids from a bygone era. Something like that pays homage to a number of concepts already familiar to your readers (including kobolds), while simultaneously giving your world a rich sense of history and originality.
I think the trick is to present your readers with something that feels both fresh and familiar all at once. If you can pull on concepts from myth and/or popular culture that come across as imaginative, then do so. However, try not to make your references too obvious. Otherwise, you risk coming across as cliche.