Starting a Webcomic

[Maelstrom25]

I had a question in regards to creating a new webcomic and was hoping someone here might have some answers for me. I've been thinking about doing a D&D based webcomic for some time, but I have some concerns about risking stepping on any big corporation's toes and illegally using any of their written property in said comic. My question is this: If you are are posting a webcomic online that is D&D based, what can or can't you use or say in that comic that won't get you in trouble in regards to D&D literature?

For instance; can you use spells by the same names as they are written in the book? Obviously 'fireball' or 'lightning bolt' are generic enough, but what about something more specific like 'magic circle against evil' or 'shadow evocation'. Following along the same lines is monsters. Obviously goblins and orcs are free game, but what about aboleths, mindflayers, or aasimar? Get my meaning?

So to reiterate; what can and can't I do or say in a webcomic of this nature? I notticed comics like OOTS and Goblins use pretty specific D&D terms, names, and images, but I don't know if they have special permission or if this is all just free game to use. Can anyone enlighten me on the subject? Thank you!

[Doompuppy]

I had a question in regards to creating a new webcomic and was hoping someone here might have some answers for me. I've been thinking about doing a D&D based webcomic for some time, but I have some concerns about risking stepping on any big corporation's toes and illegally using any of their written property in said comic. My question is this: If you are are posting a webcomic online that is D&D based, what can or can't you use or say in that comic that won't get you in trouble in regards to D&D literature?

For instance; can you use spells by the same names as they are written in the book? Obviously 'fireball' or 'lightning bolt' are generic enough, but what about something more specific like 'magic circle against evil' or 'shadow evocation'. Following along the same lines is monsters. Obviously goblins and orcs are free game, but what about aboleths, mindflayers, or aasimar? Get my meaning?

So to reiterate; what can and can't I do or say in a webcomic of this nature? I notticed comics like OOTS and Goblins use pretty specific D&D terms, names, and images, but I don't know if they have special permission or if this is all just free game to use. Can anyone enlighten me on the subject? Thank you!

Well... I'm not sure about the legalese, but isn't pretty much most of D&D3.5 still in the d20 SRD, and as such is open content?
Granted, doesn't mean that the OGL applies to comics, but I have seen plenty of comics around that make direct reference to spell names, abilities, feats and the like (our very own OotS for one).

Still, I'm sure someone else can give a more satisfying answer, but that's the best I can do at this moment...

[Trazoi]

Standard disclaimer: I'm both not a legal nor a D&D expert so I don't know this for sure - I'd advise searching around as I'm sure there's a proper explanation for what you can and can't use.

However, I'm fairly sure that what's you certainly shouldn't use is any proper names - no Drizzts or Elminsters, for example. This also includes changing the names of spells that have a name in them - no Bigbys or Mordenkeins. And definitely no setting it in any recognisable places, like Baldur's Gate or Sigil.

There's also a few creatures that have trademark/copyright protection that you need to about, such as The Thing With The Eyes and those brain-sucking guys with squids for heads :smallwink:.

Basically, although this is the bit that I'm really not 100% sure on, if you stick to the stuff in the open game license, I think you should be fine.

[Fri]

basically, in my limited legal understanding, everything that you can find in the d20 srd is free, anything else is not.

Just go to http://www.d20srd.org. everything there is fair game.

[Yuki Akuma]

Fun fact: That's not how it works at all.

Absolutely anything is fair game as long as you can prove fair use - parody, for instance.

The OGL is only for games. And even then you can ignore it, you just can't get it branded OGL or use the d20 System brand.

So yeah, a comedy webcomic lampooning the rules of D&D? You can include a Beholder, Illithid, Githyanki, whatever. It doesn't matter at all if it's a parody.

[Trazoi]

Fun fact #2: Parody isn't a "magic bullet" that allows you to use other people's IP. :smallwink:

It's not that "parody as fair use" doesn't have merit as an argument, but I'm putting this as a standard warning because I've seen too many people attempt to use the parody excuse to get around IP restrictions, i.e. "I want to make a fan game using Pokemon characters, but it's okay because I'll put in a few jokes and call it parody". It doesn't work that way.

The problem with "parody" is it is hard to define. You can't just use jokes that use someone's copyright and then claim it is parody. You would be limited to making jokes based on the source material. If you start veering off into other material - like pretty much any comic will - then the parody argument becomes weaker.

Furthermore, the parody exception is a defence you can use once in court. It doesn't stop the IP holder sending you cease and desist letters and then starting legal action if you refuse. In fairness, there isn't much restriction in stopping anyone suing anyone for anything, but generally there has to be enough of a reason for them to start action.

Basically, I think using parody as a method for using IP is fine if you're doing a webcomic about one-off jokes based on a universe. But if you're wanting to write a story, then you're getting into murkier territory. It's not a question of "definitely okay" and "definitely over the line", but the use of any D&D IP not in the d20 will substantially increase the risk of legal action.

[Yuki Akuma]

Something doesn't suddenly stop being a parody just because it develops a plot. And you can parody more than one thing. I don't really understand what you're going for here.

Sure, it's not a "magic bullet" - fair use is a somewhat murky aspect of copyright law anyway. But using someone else's IP isn't automatically a breach of copyright.

There's also the fact that, for the most part, companies don't care about webcomics. It's a form of fanfiction - which is legally somewhat murky, granted.

Just don't put a "feed the starving artist!" PayPal donate link and for God's sake don't sell the damn thing and, if not perfectly legal, you'll at least be safe unless WotC's legal team gets bored one day. :smallwink:

[Trazoi]

Just don't put a "feed the starving artist!" PayPal donate link and for God's sake don't sell the damn thing and, if not perfectly legal, you'll at least be safe unless WotC's legal team gets bored one day. :smallwink:
That's exactly the problem in a nutshell. You've drastically increased the risk that WotC will shut you down, so much so that you've got to put limits on what you can do with the webcomic. The question is - is it worth it?

To explain where I'm coming from, I spend a fair bit of time on a couple of computer game development forums. A very common occurrence is beginner teams wanting to make a game based on someone's IP, such as a fan Sonic RPG, a remake of a classic Square RPG, or a Naruto RTS, and so on. Usually someone will warn them that they should work on their own IP, but they're usually too involved with their idea to listen. The usual exuses are "it's going to be free, so it doesn't matter" or "they'll never know we exist, so who cares?". Occasionaly they try a claim of parody too. :smallsmile:

Nearly every one of these teams falls apart, so in a sense their excuses have a sliver of truth - most companies don't care about beginners because they aren't going to finish anything anyway. However, every once in a blue moon one of these teams pulls together and makes a fantastic fan game, one that would be worth paying for - well, except you can't sell it, because it's not your IP. Oops. But that's not the big danger. The real big danger is that now your game is making a splash, is noticable, and is causing all sort of trademark and other IP problems for the original owners. So the original IP owners shut it down. Years of work is thrown away, because the game makers made a bad IP call at the very beginning.

It's all a question of risk. How much are you prepared to shoulder, and what is the cost if the risk occurs? Is the decision about what you make going to limit your future options? Maybe you want to sell merchandise one day, or if your webcomic becomes wildly successful make a living off it. If you're dancing close to someone else's IP, how likely is it that they'll object - and what will be the cost if they do? Will you have to take down one strip, or will the premise your entire comic be jepodised?

[Johnny Blade]

YAFGC (http://yafgc.shipsinker.com/) has beholders, illithids, merchandise with both on it, and a shiny PayPal button.

I'm pretty sure WotC doesn't care.


Just don't get specific regarding rules that are not in the SRD, such as what prestige class X can do, and you should be absolutely fine.