As one note before we get an expert in here to answer this properly, don't think about avoiding the use of Paizo's "setting" - think about avoiding the use of their Product Identity, which is described in section 1(e) of the OGL (and then elaborated on in each book to state what is and what isn't OGC). There's more to it than just the setting.
That said, anything on the official SRD should be fine to use as long as you're otherwise in compliance with the license.
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The OGL applies to GAMING products only. Which puts fiction in a weird situation, because it ain't gaming product. You might notice that Pathfinder Novels don't use proper OGL names such as tiefling, flumph or bag of holding. Proper OGL-covered names are best avoided in a product which isn't a gaming supplement.
In the end its very unlikely to see the light of day except to some of my long suffering friends.
That doesn't make any difference. There is no copyright exception based on how small the audience is.
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You might notice that Pathfinder Novels don't use proper OGL names such as tiefling, flumph or bag of holding.
*ponders a world in which "flumph" is considered a proper name*
You might notice that Pathfinder Novels don't use proper OGL names such as tiefling, flumph or bag of holding.*ponders a world in which "flumph" is considered a proper name*Imagines a man named Eddie Flumph, who is constantly having to correct people.
"That's a 'ph' not an 'f'. No, not on the front, that *is* an 'f', not a 'ph'. One 'f', one 'ph', in that order. What? No, it's not Dutch. At least, I don't think so..."
I'd think I'd be as motivated to change my name as if it were "Drumphf".
Actually that would fall under personal use, and thus not be subject to copyright; at most it'd fall under the community use guidelines.
That may be true where you live, but it's not true in the US. US copyright law has no Fair Use exception for individuals. There is a four-element test that is applied to ascertain whether a use is protected, but under no circumstance does the fact that you were only using the material yourself make it legal.
OGL only covers the licensing of products with regards to Paizos Pathfinder RPG game and does not extend to content that may be based off of that game (such as comic books or figurines).
That said, depending on the content you are using you may not have to worry about it. Paizo does not, as far as I'm aware, own exclusive rights to the concept used in their magic or combat systems, as those are features used in 3.5 as well as in the d20 system as a whole. That means spell names such as "Shocking Grasp" or "Magic Missile" are safe grounds, but something like "Gorum's Charge" would be bad to use.
With that in mind: if you're making what is the equivalent of a fan-fiction then it pretty much doesn't matter what you do.
Paizo does not, as far as I'm aware, own exclusive rights to the concept used in their magic or combat systems, as those are features used in 3.5 as well as in the d20 system as a whole. That means spell names such as "Shocking Grasp" or "Magic Missile" are safe grounds, but something like "Gorum's Charge" would be bad to use.
Careful there. All you just did was move the goal-post. Paizo has used shocking grasp via the OGL because it's "owned" by WotC. That doesn't magically mean anyone can (necessarily) use that term outside of the OGL. So all of the points that have been brought up so far remain 100% in effect. Using those names may infringe WotC's IP.
Paizo does not, as far as I'm aware, own exclusive rights to the concept used in their magic or combat systems, as those are features used in 3.5 as well as in the d20 system as a whole. That means spell names such as "Shocking Grasp" or "Magic Missile" are safe grounds, but something like "Gorum's Charge" would be bad to use.Careful there. All you just did was move the goal-post. Paizo has used shocking grasp via the OGL because it's "owned" by WotC. That doesn't magically mean anyone can (necessarily) use that term outside of the OGL. So all of the points that have been brought up so far remain 100% in effect. Using those names may infringe WotC's IP.
I make that statement because other properties have used those names outside of the OGL, presumably without going through the effort of getting any sort license. These properties include Lord of the Rings Online and Diablo III. It was not my intention to contradict what else has been stated, merely to clarify where the line is with regard to what's safe to use and what's not.
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I believe that use of a name is different from use of a concept. Note that the OP is specifically talking about using not just spell names but also the 'spellcasting system' (so presumably including things like material components, casting times and so forth).
A spell name in isolation would be usable unless it was a registered trademark (so that's why other companies may well be using the same names for similar concepts from time to time with no issue). However any individual spell as the whole concept is still intellectual property and can only be used under license (including the OGL, but other arrangements are possible).
It would be fine for a novel to reference a magician flinging a "magic missile" but if you went on about how it always hit, that it didn't do much harm but as you grew more powerful you could cast more and more of them...You'd be better off just renaming it - exactly as Pathfinder tales authors do.
You need to be more specific about what you want to do and how you want to distribute your work.
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When in doubt (and nobody is going to clear these doubts for you, because WotC does not answer questions on legal matters), steer clear. It's about the best, universal, transcendent, jurisdiction-independent legal advice I can ever give to anyone who can't just bankroll their opponents into oblivion via legal fees.
What the talking bag said.
My understanding is that the first time you'll hear from Hasbro's legal team is when you're hit with a "cease-and-desist" order.
Just to be on the safe side, haz some free ogl built sample game charcter as a sidebar somewhere (kinda how the Pathfinder comics have a game info section in the back); totally a win-win situation there; you don't get bothered by legal troubles and we gets moar free game material stuff out there. ;)
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So question, because of this statement listed under half-orcs:
“Weapon Familiarity: Half-orcs are proficient with greataxes and falchions and treat any weapon with the word “orc” in its name as a martial weapon.”
Will this mean half-orcs will soon be able to treat the Open RPG Creative License (Orc) as a martial weapon?
That sounds like when someone suggested that a tORCh should be a martial weapon for half-orcs.