intellectual-property software licensing creative-commons
Creating an application to streamline Dungeons and Dragons
<p>I've been working on an application that would streamline the average Dungeons and Dragons 5e tabletop experience, and it only recently occurred to me that doing so may infringe on copyrights.</p>
<p>Basically, the goal is to help players and DMs track action economy, initiative, spells, etc., by listing options and showing descriptions, many of which would come from Wizards of the Coast-published materials. I know that some of this may be covered by either the Creative Commons license or the OGL it was published under, but it's not clear to me how far those freedoms extend.</p>

<blockquote>
<p>I know that some of this may be covered by either the Creative Commons license or the OGL it was published under, but it's not clear to me how far those freedoms extend.</p>
</blockquote>
<p>It was all <em>published</em> as materials under copyright to the original authors, TSR, WotC, &amp;c. and if things had been left like that <a href="https://law.stackexchange.com/a/92311/20098">hszmv's answer</a> would've been completely correct: stay vague and allow <em>users</em> to enter those names and descriptions, talk to WotC's lawyers and sales department about license fees, or just keep it to yourself and your friends.</p>
<p>You're right, though: <a href="https://techcrunch.com/2023/01/27/dungeons-dragons-creative-commons-license/" rel="nofollow noreferrer">WotC went whole-hog, dumped their partial OGL idea, and relicensed <em>some</em> things as Creative Commons</a>. There <em>are</em> different Creative Commons licenses, though, some restricting commercial use that would still keep your app to yourself and friends without a specific licensing agreement.</p>
<ul>
<li><strong>Go find out <em>exactly</em> what WotC put under CC</strong>. If it's only the <em>Player's Handbook</em>, then you can <em>only</em> use names and descriptions that are from the <em>Player's Handbook</em> and you're still facing a cease-&amp;-desist if you start adding in <em>Monster Manual</em> info.<br><br>If it's everything, it's everything <em>they</em> have but <em>still</em> won't include any older modules that they don't have the right to change the copyright status of. It'll still be under copyright, usually until 70 years after the death of the original creator. For Gary Gygax, that'll be 2078. Expect that length to extend during your lifetime though. US copyright usually extends every time Mickey &amp; friends come close to entering the public domain. [<strong>Edit:</strong> The comments below suggest it might <em>only</em> have been the <a href="https://www.dandwiki.com/wiki/System_Reference_Document" rel="nofollow noreferrer">Systems Reference Document</a> (I assume for <a href="https://dnd.wizards.com/resources/systems-reference-document" rel="nofollow noreferrer">5e</a>). It's 403 pages of not nothing but it's not much given the universe we're talking about. The spell and monster lists are generic. Bigby is nowhere to be found and the only mention of a beholder is a reminder <em>not</em> to use the name beholder without their written approval.]</li>
<li><strong>Go find out <em>exactly</em> which CC WotC used</strong>. The article above says &quot;all use&quot; but you need to find out the exact number of the Creative Commons license for each thing you're using and make sure all of your uses fall within its terms. Some are basically free use but still insist you mention the copyright holder prominently or in every use. Go ahead and do that if you have to. [<strong>Edit:</strong> The comments below say it is probably <a href="https://en.wikipedia.org/wiki/Creative_Commons_license#Version_4.0" rel="nofollow noreferrer">CC 4.0</a>. <a href="https://dnd.wizards.com/resources/systems-reference-document" rel="nofollow noreferrer">The SRD download page</a> says you can use CC 4.0 <em>or</em> <a href="https://media.wizards.com/2016/downloads/DND/SRD-OGL_V5.1.pdf" rel="nofollow noreferrer">their own OGL</a>. In both cases, <strong>yes</strong>, <strong>you <em>must</em> acknowledge WotC by name in a way prominent enough to satisfy the license you choose</strong>.]</li>
</ul>
<p>And of course,</p>
<ul>
<li><strong>Don't trust legal advice from internet randos or ChatGPT</strong>. If this is a serious thing you're going to be spending a good chunk of your life working on or expect to make significant money from, go talk to an actual lawyer. Bonus points for one specialized in IP with a knowledge of roleplaying and the way it's been (partially) opening up lately.<br><br>If you start off just by talking to WotC's lawyers, just do that somewhere where you get their explanations and permissions in writing. Then keep that somewhere safe in electronic and hard copy. Then still take that with you when you go talk to your own lawyer.</li>
</ul>

<p>So as a general rule, one may not copyright game mechanics, so you are covered in that regard as making an inititive tracker, a dice roller, and even a sheet that will roll the dice and apply preset modifiers and list which ones are available.</p>
<p>Where you would be infringing is in DND specific lore, images, and terms (Some but not all DND spells are named in a way that is a copyrighted term, &quot;Bigby's Hand&quot; being one such example, as &quot;Bigby&quot; is a lore specific character who made the spell.
Due to the OGL controversy earlier this year, expect more names like this to be given to spells).</p>
<p>Where you can avoid this is by allowing players to edit in their own spells and dice modifiers, and preset rolls (If you've ever used roll20, you can put in your various attacks and features into a character sheet, and then it's a simple button click to roll the various attacks.).</p>
<p>This would likely also help you with marketing to homebrew, which cannot be anticipated.</p>
<p>There are plenty of these applications out there already (Virtual Table Tops OR VTTs) of various sophistications and are often capable of playing different systems that have no compatibility with each other.  Do keep in mind that WotC may try to send cease and desist anyway, as they want to move into the VTT market.   It may also factor into what your intentions with the app are (if you're just making it for your buds or a school project and don't plan to monetize it, that will be something the courts would find more forgiving in your case.).</p>
