ORC_License_DRAFT  ## Metadata - Author: [[Brian Lewis]] - Full Title: ORC_License_DRAFT - Category: #articles - Document Note: --- tags: - #orclicense - #opencontent - #ttrpg - #gaming - #opensource Author: Brian Lewis Source: Draft Open RPG Creative (ORC) License Reference: https://www.azoralaw.com/orclicense date created: 2025-08-28 00:00 --- # Title: ORC License (Draft) — Structure, Grants, and Use in TTRPG Publishing ## Table of Contents - [📝 Summary](#-summary) - [📖 Main Content](#-main-content) - [🗒️ Notes](#-️-notes) - [📖 References](#-references) - [🗣️ Paraphrase](#-paraphrase) - [📰 Newsletter](#-newsletter) - [✅ Action Items](#-action-items) - [🧪 Hypotheses](#-hypotheses) - [📊 Methodology](#-methodology) - [❓ Questions](#-questions) - [🔮 Future Research](#-future-research) - [💡 Implications](#-implications) - [🧠 Learning Styles Assessment](#-learning-styles-assessment) - [📊 Accessibility Assessment](#-accessibility-assessment) - [🌍 DEIB Assessment](#-deib-diversity-equity-inclusion-and-belonging-assessment) - [✅ Logical validity](#-logical-validity) - [🔍 DARVO Analysis](#-darvo-analysis) - [🔍 SEO Evaluation](#-seo-evaluation) - [🎯 Conclusion](#-conclusion) ### References: Include a list of sources consulted and cited in the article. - See the [📖 References](#-references) section. ## 📝 Summary: This draft of the Open RPG Creative (ORC) License establishes an irrevocable, royalty-free, worldwide license to use “ORC Content” in tabletop roleplaying games (TTRPGs). It distinguishes between “Product Identity” (e.g., trademarks, distinctive characters, creative settings) and “ORC Content” (systems, rules, procedures, and functional expressions of gameplay). The license grants broad rights to use, reproduce, and adapt ORC Content, requires downstream sharing of Adapted ORC Content under the same terms, and prohibits imposing additional restrictions (including technological protection measures) that would limit recipients’ rights. The license includes attribution and notice requirements, clarifies that moral rights and personality rights are not licensed (with limited waivers), and provides robust warranty disclaimers and limitations of liability. Database rights are specifically addressed, allowing extraction and reuse where applicable. Termination occurs upon breach, with a 60-day cure period; downstream licensees retain their rights. The license text itself is non-modifiable and contains severability and non-waiver clauses. Key quotes: - “Product Identity means trademarks, trade dress, and non-functional and creative expressions…” - “Subject to the terms and conditions… Licensor hereby grants You a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable license…” - “You may not… apply any Effective Technological Measures… if doing so restricts exercise of the Licensed Rights…” ## 📖 Main Content: The ORC License is a purpose-built open content license tailored to TTRPG publishing. Its core design separates protectable brand/creative expression (Product Identity) from open, reusable, functional content (ORC Content) such as rules, systems, and procedures. This mirrors the copyright doctrine that ideas, systems, and methods of operation are not protected by copyright, while expressive elements are. Major pillars: - Definitions: Product Identity vs. ORC Content vs. Adapted ORC Content, Licensed Rights, and Sui Generis Database Rights. - Grants: A perpetual-feeling (irrevocable) grant to use and adapt ORC Content; mandatory share-alike for Adapted ORC Content. - Limitations: No implication of endorsement; moral/publicity rights excluded; waiver of royalties; prohibition on DRM that restricts licensed rights. - Notices: Obligatory ORC license notice, attribution for upstream licensors, and a Product Identity declaration. - Warranty/LIability: “As-is” licensing with broad disclaimers and limitations to the extent permitted by law. - Enforcement/Termination: Auto-termination on breach with a cure period; enforcement limited to licensor and upstream licensors; downstream users remain protected. - Non-modifiability: The license cannot be amended or revoked, ensuring predictability and stability. This structure aims to protect creators’ brands and unique expression while enabling a robust commons of game mechanics and interoperable systems. ### 🗒️ Notes - Definitions - Product Identity - Covers trademarks, trade dress, and “non-functional and creative expressions” like art, music, and clearly delineated characters, settings, worlds, and plots. - Excludes anything previously designated as ORC Content, third-party property, or public domain. - ORC Content - Includes functional expressions of gameplay: systems, procedures, rules, instructions, and mechanics. - Examples: character creation (stats, classes, skills, spells, equipment), combat and initiative, difficulty classes, saving throws, challenge ratings, item systems, dialogues and outcomes, methods for determining success/failure, and play mediums (dice, cards, RNG). - Product Identity is expressly excluded unless explicitly designated as ORC Content by the licensor. - Adapted ORC Content - Derivative works based on ORC Content, to the extent they remain ORC Content. - Expressly excludes Product Identity. - Licensed Rights - All copyright and similar rights that apply to use of ORC Content. - Sui Generis Database Rights - EU-style database rights accounted for; allows extract/reuse of substantial portions where applicable. - Grants and Limitations - Primary grant - Worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable license to use ORC Content in all media, with necessary technical modifications permitted (including circumventing Effective Technological Measures where needed to exercise rights). - Share-alike - You must license Adapted ORC Content to recipients under the same ORC License terms; you cannot add restrictions or DRM that limits recipients’ rights. - Database rights - If you incorporate substantial database content, your database becomes Adapted ORC Content (but not its individual contents that may have separate rights). - Non-endorsement - No implication that your use is sponsored or endorsed by the licensor. - Personality/moral rights - Not licensed; limited waivers only to permit exercising licensed rights. - Royalties - Licensor waives rights to collect royalties from you where possible. - Required Notices - ORC License notice - Example site references: “This product is licensed under the ORC License… available online at … azoralaw.com/orclicense … gencon.com/orclicense…” - Attribution - Identify each licensor/creator and upstream licensors; allow your own preferred credit line (including pseudonym). - Product Identity notice - Identify elements you designate as Product Identity; in case of conflict, the license’s definition controls. - Warranty and Liability - “As-is” and “as-available,” with broad disclaimers (title, merchantability, fitness, non-infringement, accuracy, errors). - Broad limitation of liability for any damages to the extent permitted by law. - Enforcement and Termination - Automatic termination upon breach; reinstatement if cured within 60 days from discovery or if waived in writing. - Does not affect rights of other licensors or downstream licensees. - Only licensor and upstream licensors may enforce. - Modifications and Severability - License cannot be amended or revoked; separate agreements allowed if they don’t modify the license. - Severability provision and no-implied-waiver clause. - Practical Implications - Encourages interoperable TTRPG ecosystems. - Protects brands while enabling mechanics sharing. - Clear compliance checklist (notices, attributions, PI designation). - Reduces legal ambiguity around database rights and DRM. ## 📖 References: - ORC License information page by counsel: Open RPG Creative License at Azora Law: https://www.azoralaw.com/orclicense - Background on ORC initiative and community stewardship: Paizo’s ORC announcement: https://paizo.com/community/orc - General overview of database rights: European Commission on Database Directive 96/9/EC: https://commission.europa.eu/law/law-topic/data-pr - Document Tags: [[favorite]] - URL: https://readwise.io/reader/document_raw_content/45558630 Full text of this document omitted because this document is a PDF [Download original file →](https://readwise.io/reader/document_raw_content/45558630), ORC_License_DRAFT, Brian Lewis, 01gxnhge6s2p8q92ym6dgznh2g.