An OGL Question-Referencing non-OGL materials / Product Identity


3.5/d20/OGL


A question for those more knowledgeable than I concerning OGL matters:
Can one reference non-OGL materials?

I understand the purpose of the product identity clause is to prevent both the whole reprinting of those elements and to provide confusion over the original ownership of an idea.

More specifically, WotC developed a number of character classes, feats, and spells that are non-OGL. The Pathfinder Compatibility License allows one to references elements from the Pathfinder Roleplaying Game and allowed accessories. There's no similar clear statement in the WotC OGL. Could one create an OGL work that, for instance, creates feats for the knight, invocations for the warlock, or references a spell from the Spell Compendium with the proper references, or would such a work be taboo and consigned to community content?

KQ has discussed the warlock class, and third parties (Adamant Entertainment springs to mind) have published new class abilities for 4e content, but I've not found anything definitive for the 3.5 OGL. Any help would be very much appreciated.

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Daviot wrote:

A question for those more knowledgeable than I concerning OGL matters:

Can one reference non-OGL materials?

Not without permission, because that material is most likely IP (intellectual property)

Quote:


Could one create an OGL work that, for instance, creates feats for the knight, invocations for the warlock, or references a spell from the Spell Compendium with the proper references, or would such a work be taboo and consigned to community content?

Feats: Maybe if you manage to avoid naming class abilities, those will likely be IP

Invocations: Maybe / Yes, as long as you avoid any class abilities.
Spell Compendium: No you may not, unless the spells are OGL


Daviot wrote:
There's no similar clear statement in the WotC OGL.

I think your answer is here, and it would be best to err on the side of caution and not do this, particularly if you're looking to publish for profit. If you're doing this as a fan creation with no intent of profit, then I'd say go right ahead.


Lilith wrote:


I think your answer is here, and it would be best to err on the side of caution and not do this, particularly if you're looking to publish for profit. If you're doing this as a fan creation with no intent of profit, then I'd say go right ahead.

That's more or less what I was expecting; just reality checking. Thanks!


Define "reference?" :)

If in a work of non-fiction, you make a citation to another work, that's basically providing sources. It's once you start using other people's IP, trade dress, etc in marketing and/or selling your product that it's a problem. Great solution, if you can, is a euphemism or acronym. The D20 license used to call them the Core Rulebooks, for example.

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