Question about fair use of the Pathfinder PRD with published works

[Mister K]

Hi,

I do not want to step on any toes here, but I have some questions regarding the Pathfinder PRD. I understand that it is created based on the OGL and that as such is open source. What I want to know is, how much of this PRD/SRD can be copied verbatim in order to publish an OGL product?

For example, if I choose not to create a product under the Pathfinder Comparability License, but want to make my game enjoyable and easy for people who already play Pathfinder, I'd like to use the same basic rules.

Under the OGL, it would seem that things such as terms and game mechanics can simply be copied word for word legally due to how the OGL works.

Am I correct in this understanding? If I wish to include things such as:

"Hit Dice (HD): Hit Dice represent a creature's general level of power and skill. As a creature gains levels, it gains additional Hit Dice. Monsters, on the other hand, gain racial Hit Dice, which represent the monster's general prowess and ability. Hit Dice are represented by the number the creature possesses followed by a type of die, such as “3d8.” This value is used to determine a creature's total hit points. In this example, the creature has 3 Hit Dice. When rolling for this creature's hit points, you would roll a d8 three times and add the results together, along with other modifiers."

So I have to express that in my own words or does the OGL permit it to be used as is?

Thank you for any help you can provide.

Mister K

[Rite Publishing]

I am not a lawyer.

You can can use any and all open gaming content if your using the OGL. You can copy paste it word for word if you include the correct section 15 information referencing where the content comes from.

However if you don't use the PCL you cannot say anywhere that it is compatible with the pathfinder rules, so basically your customers won't know that it is.

[pres man]

Well theoretically PF is compatible with 3.5, so as long as you say it is compatible to 3.5, then you are indirectly indicating that it is compatible with PF without using their name.

In fact, much of PF's rulebooks are labeled OGL. You can label your books as OGL as well and there is no violation of the license. You just can't come out and say they are compatible with PF without using their individual license.

[Mister K]

pres man wrote:

Well theoretically PF is compatible with 3.5, so as long as you say it is compatible to 3.5, then you are indirectly indicating that it is compatible with PF without using their name.

In fact, much of PF's rulebooks are labeled OGL. You can label your books as OGL as well and there is no violation of the license. You just can't come out and say they are compatible with PF without using their individual license.

Yeah, I get that part. I was just concerned about plagiarism by copying things in various SRDs word for word.

[pres man]

Mister K wrote:

pres man wrote:

Well theoretically PF is compatible with 3.5, so as long as you say it is compatible to 3.5, then you are indirectly indicating that it is compatible with PF without using their name.

In fact, much of PF's rulebooks are labeled OGL. You can label your books as OGL as well and there is no violation of the license. You just can't come out and say they are compatible with PF without using their individual license.

Yeah, I get that part. I was just concerned about plagiarism by copying things in various SRDs word for word.

All OGL material must list what material is OGL and what material is product identity. You may use any and all OGL material as long as you cite it in the section 15. For PF's PRD there is:

PRD wrote:

Product Identity: The following items are hereby identified as Product Identity, as defined in the Open Game License 1.0a, Seection 1(e), and are not Open Content: All trademarks, registered trademarks, proper names (characters, deities, etc.), dialogue, plots, storylines, locations, characters, artworks, and trade dress. (Elements that have previously been designated as Open Game Content are not included in this declaration.)

Open Content: Except for material designated as Product Identity (see above), the game mechanics of this Paizo Publishing game product are Open Game Content, as defined in the Open Game License version 1.0a Section 1(d). No portion of this work other than the material designated as Open Game Content may be reproduced in any form without written permission.

[Starglim]

IANAL TINLA either

You probably know this also, but "fair use" (like "open source") is a specific and widely misunderstood legal doctrine. When you publish under the OGL, you are not relying on fair use, but making a contract with Paizo, WotC, Monte Cook and Necromancer (in the case of the text you mentioned from the Core Rulebook) to obtain a licence to use their copyright material in specified ways.