(From my understanding) Under the OGL, I can use open content created by another publisher if the author has designated that item as open content under the OGL.
However this becomes muddled when someone puts up "homebrew". I would normally credit them under section 15 of my OGL posting, however many of those who post homebrew do not do so explicitly under the OGL.
I realize that easiest (and probably best) answer is, "Don't take inspiration from Homebrew." but using my example, I would almost feel barred from ever using a crossbow that added a characters strength to damage because I first saw it in Kirthfinder.
Since Homebrewers are using OGC, is their work legally implied to be Open Content?
Has anyone else ran into this problem? Is there any advice/rules of thumb I should follow?
Thank you!
Technically homebrew material is being offered under the community use policy, since the authors don't make money off the product. If you want to borrow rules elements from homebrew material there is no legal restriction on you doing so (provided that you don't violate the terms of the OGL).
As someone with a product available under Community Use, though, I would be mighty peeved if someone nabbed rules I'd developed, made money off them, and didn't ask my permission first (not actually applicable to the one offering I have out under CUP - you'd have to get Paizo's permission to copy mine under license).
Bear in mind that while Paizo's Community Use Policy can allow people to do things outside of the OGL with their own material, it can't grant you the same rights to use other companies' material - and of course that includes all mechanics derived from the d20 SRD.
Mostly I'd avoid using it for actual game mechanics/stats/etc and utilize it only for Golarion/Pathfinder fiction/art and the like.
As for Section 15 use with homebrew - as long as you have permission from the originator of the homebrew to use their material, you're free to credit them in whatever way you agree with them for their work (such as in a dedicated thanks/credits section outside of your OGL/Section 15), in the same way as if they were an author working for you as their publisher.
Also note that even if they're using Open Game Content to create their homebrew, their work is not automatically implied to be Open Game Content itself except for anything directly derived from OGC itself. If they've added a brand new rule, for example, they own copyright to it and you need permission from them to use it (either via them declaring it as OGC or by asking permission directly).
In summary - if they haven't declared something as Open Content, or otherwise declared it as open for anyone to use, get explicit permission from them before using it yourself. Their own failure to include the OGL is between them and the copyright owner of whatever work(s) - if any - they're deriving from ;)
@Chemlak - I apologize if I wasn't clear, but I would never use someone else's work unless I had explicit permission or they had released it under the OGL. Anything else is _not_ cool and I would not do that. (Re-reading that, I do not mean to come across as harsh, I just want to assure you that I would never do that.) I do thank you though for your advice.
@Matt Thomason - Thank you for clearing that up. I was kind of wondering if homebrew was like jaywalking - technically not allowed (since they are using OGC without the OGL) but so minor and so prevalent that no one cared.
I guess it is closer to someone writing Buffy fanfiction in their basement - it's not illegal unless you try to sell it as your screenplay with names and other IP intact. :)
I will take to heart your advice though - ALWAYS ASK FOR PERMISSION!!! (Probably a good rule for life in general)
Thank you!
Homebrew is closer to fan-fiction than jaywalking. . .