Unearthed Arcana OGL and the name "Unearthed Arcana"

[Dale Robbins]

My Google-fu has failed me epically. I have a question I'm sure has been answered a thousand times. But I have yet to find a documented answer.

It's old news that WotC terminated the d20 Trademark License in regards to the use of the Revised 3.5 SRD. Without that license, you cannot reference specific WotC trademarks by name.

The conundrum comes with the contributions to the SRD from Unearthed Arcana. How does one legally reference those rules? They don't come from the Core Rulebooks (I, II, III), but they are open content. However, the name "Unearthed Arcana," in and of itself, is a WotC trademark.

So how? How does one cite the source of the rules from the Unearthed Arcana within the main text a publishable document? I know you cite it by name in Section 15 of the OGL, but I'm talking about the main text of the document itself.

Any help is appreciated. Thank you.

 

[delericho]

Edit: Sorry, I answered the wrong question!

 

[Dale Robbins]

Thanks, delericho!

What I'm dealing with is my document listing several "new classes" that were derived from the Unearthed Arcana rules (the thug class is the fighter using the thug and sneak attack variant class options, for instance) as well as other sources. With each class, I'm listing a source.

So, for instance, I have the text mentioning the assassin base class starting as such:

Assassin
Source: 3rd Era Freeport Companion

My conundrum comes from something like the thug class mentioned above. Do I start the text as:

Thug
Source: Core Rulebook I, Unearthed Arcana

or do I start it as:

Thug
Source: Revised System Reference Document

Even within the description of how the class fits in my world, how would I refer to the specific rules? Do I simply say "refer to the Class Variants rules section of the Revised SRD"?

Am I just overthinking this at 2:30 in the morning?

 

[delericho]

Thug
Source: Core Rulebook I, Unearthed Arcana

I think that's a no-no. UA being a WotC term and not open to use.

Thug
Source: Revised System Reference Document

I'd be inclined to go with this, but actually go one step further - cite the specific section just as you would a chapter number in a 'normal' reference. That is:

Thug
Source: System Reference Document, "Variant Character Classes"

It's been a long time since I looked into it, but waaaay back when, Ryan Dancey talked a whole lot about the right way to reference material in d20 documents, and I believe what he said applied to the OGL also. In particular, he said that you shouldn't reference page numbers in case a later printing changed them (and this was pre-3.5e; it's almost as if he knew...), but that you should reference by section title as above.

But... I am not a lawyer!

 

[Dale Robbins]

That's actually a really good idea! Thank you so much!

 

[pemerton]

[MENTION=6750412]Dale Robbins[/MENTION] - clause 15 of the OGL requires you to reproduce the clause 15 of the OGC that you are citing. What you describe in post 3 sounds to me like it is non-compliant.

The material from UA does not appear to be on the WotC SRD page (https://www.wizards.com/default.asp?x=d20/article/srd35). Therefore what [MENTION=22424]delericho[/MENTION] suggests would definitely be non-compliant.

But Unearthed Arcana should itself contain a clause 15 declaration for you to reprouce. On d20srd.org it is cited in this way: Unearthed Arcana Copyright 2004, Wizards of the Coast, Inc.; Andy Collins, Jesse Decker, David Noonan, Rich Redman. Presumably they are citing correctly, but if I were you I would want to verify by reference to the actual clause 15 declaration in UA itself.

If you're not concerned about OGL declarations, but just about explaining in the text of your document where you got inspiration from, then simply say it - for instance, "This class was inspired by the Thug class found in WotC's Unearthed Arcana sourcebook". That would not be a violation of any copyright or trademark rights belonging to WotC, and I do not think that it would violate any of your contractual obligations under the OGL - I do not think that "Unearthed Arcana" is itself a piece of Product Identity, but you'd need to check the declarations in the UA book (if "Unearthed Arcana" is Product Identity than you can't reproduce it without violating your contractual obligations under the OGL).

 

[Dale Robbins]

pemerton;

I know there is an entry that must be made in Section 15 of the OGL license text. That's not what I'm concerned about. I'm talking about mentioning the book by name in the MAIN TEXT of my document itself. And the term "Unearthed Arcana" is indeed trademarked by WotC.

So, yes, in Section 15 of the OGL, refer to it by name. Outside of that, probably not.

At least, that's my understanding.

As far as your statement about the Unearthed Arcana rules not appearing in the official SRD... you're probably right. Neither do the psionics rules. But everyone else under the sun have folded psionics, epic rules, and Unearthed Arcana rules into the SRD when they prepared their own versions of the documents. So I personally feel that what delericho has suggested is indeed a viable option.

 

[MerricB]

As reference, here's the particular clause of the OGL that must be adhered to:

"7. Use of Product Identity: You agree not to Use any Product Identity, including as an indication as to compatibility, except as expressly licensed in another, independent Agreement with the owner of each element of that Product Identity. You agree not to indicate compatibility or co-adaptability with any Trademark or Registered Trademark in conjunction with a work containing Open Game Content except as expressly licensed in another, independent Agreement with the owner of such Trademark or Registered Trademark. The use of any Product Identity in Open Game Content does not constitute a challenge to the ownership of that Product Identity. The owner of any Product Identity used in Open Game Content shall retain all rights, title and interest in and to that Product Identity."

 

[pemerton]

the term "Unearthed Arcana" is indeed trademarked by WotC.

Sure. But if, in your main text, you indicate that you are presenting a class that draws upon OGC from Unearthed Arcana published by WotC, I don't think you are threatening or violating their trademark.

You mentioned in your OP that the d20 licence controller the use of WotC book names by those publishers who were/are party to it. But presumably you are not a party to that particular licence, so you do not have any contractual obligations arising from it.

As I already mentioned, what you need to check is the Product Identity declaration in the Unearthed Arcana book. Does it list the name "Unearthed Arcana" as Product Identity? If so, then you have a contractual obigation not to use that name in your work. Otherwise, the only constraints that you are under arise from copyright and trademark law, and as I have indicated I do not believe that an acknowledgement of source in your main text would be an infringement of WotC's rights in either respect.

 

[MerricB]

As I already mentioned, what you need to check is the Product Identity declaration in the Unearthed Arcana book. Does it list the name "Unearthed Arcana" as Product Identity? If so, then you have a contractual obigation not to use that name in your work. Otherwise, the only constraints that you are under arise from copyright and trademark law, and as I have indicated I do not believe that an acknowledgement of source in your main text would be an infringement of WotC's rights in either respect.

Incorrect. You are constrained by clause 7. "You agree not to indicate compatibility or co-adaptability with any Trademark or Registered Trademark in conjunction with a work containing Open Game Content except as expressly licensed in another, independent Agreement with the owner of such Trademark or Registered Trademark."

You are more constrained than with normal trademark law, but I'm not sure to what extent.