QUESTION

How do I get a proper license for a TTRPG, specifically with an OGL and/or OGC?

Asked on Oct 18th, 2024 on Intellectual Property - Washington
More details to this question:
I have designed a tabletop RPG and would like to protect the properties behind it, with a handful of additional steps: I would like to set up an Open Game License, so that specific portions of content are available for commercial use of others while the remainder of the property is fully legally protected. As well, I would like to register a trademark and copyright for the book and game.
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1 ANSWER

Business Law Attorney serving New York, NY
1 Award
 Hire and attorney to do something similar to the following: 1. Copyright Protection for Original Content: Register the Copyright: Copyright protects the creative elements of your game, including written content, artwork, rules text, and character or story elements (as long as they aren’t purely functional). You can file for copyright with the U.S. Copyright Office to protect your written material, illustrations, and the overall book or game manual. Copyright Notice: Add a copyright notice (e.g., “© [Year] [Your Name/Company Name]”) on the game materials to make ownership and protection clear. 2. Trademark Registration for Branding: Register the Game’s Name and Logo: Trademarks protect the name of your game, any logos, and possibly character or faction names if they are uniquely tied to your game brand. This prevents others from using similar names or logos in connection with similar products. File with the USPTO: File a trademark application with the U.S. Patent and Trademark Office (USPTO) for the name of the game, the series title (if applicable), and any distinct logos. 3. Open Game License (OGL) Setup: Define Licensed Content: Choose which specific game mechanics, terms, or parts of the game will be open for use by others under your Open Game License. Typically, you might allow usage of basic mechanics, certain rule sets, or general gameplay methods but restrict the use of specific story elements, characters, or unique lore. Craft Your OGL Document: An Open Game License allows others to use selected content with clear boundaries. You could use an existing OGL as a model (like the one published by Wizards of the Coast), but consult an attorney to ensure your license reflects your unique requirements. Make sure the OGL includes: Permitted Content: Specify the content others may use and the ways they can use it. Restricted Content:  Attribution Requirements:  Conditions for Commercial Use:  Legal Review: Have an attorney review your OGL to ensure it legally enforces the boundaries you intend. 4. Licensing, Distribution, and Attribution: Decide if you want to provide a standard attribution format for others to use in their content. This helps ensure that people using your OGL consistently credit your work. Outline clear guidelines for distribution to protect both you and others creating under the OGL. Specify if they can only distribute in certain media or if there are particular limitations on reproductions of the game materials. 5. Consideration for an LLC: If you haven’t already, forming an LLC (Limited Liability Company) may offer extra protection for your intellectual property and limit personal liability.  6. Ongoing Protection and Monitoring: Monitor Use: Regularly check for compliance with your OGL and pursue any violations. You may wish to establish specific terms for enforcement in your OGL. Update Trademark and Copyright Registrations: If you expand the game with sequels, spin-offs, or new content, register those new elements accordingly.  
Answered on Oct 27th, 2024 at 1:19 AM

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