Can I use Unearthed Arcana material if I'm writing a D&D 5E OGL supplement to be sold on DriveThruRPG or Amazon?
I am specifically interested in the UA: Psionic Options Revisited playtest material. I am writing a campaign world supplement based on a homebrew campaign and want to have some of the material OGL, eventually selling it on DriveThruRPG.
The only official D&D fifth edition content that the Open Gaming License (OGL) lets you republish is the content laid out in the System Reference Document (SRD). That's the only official content you can use when publishing your own content under the OGL.
However, Unearthed Arcana material is not part of the SRD, and thus not covered by the OGL. In addition, it is copyrighted by Wizards of the Coast (as indicated by the "©[Year] Wizards of the Coast LLC" in the footer of every page of every UA PDF) – even if it is released at no cost; it's free as in gratis, not libre.
(Depending on the precise nature of the content you wish to publish, you might still be able to find a way to include it in your content – but you should ask a lawyer if you decide that you really want to do that.)
For material to be under the OGL, it needs to state that it is licensed under the OGL. Neither the Unearthed Arcane pages, nor the document itself have such a statement, so it is not licensed under the OGL.
Instead, the material states that it is copyrighted
©2020 Wizards of the Coast LLC
So unless the material has been later included in the game proper and made been available via, for example, the System Reference Document that is licensed under the OGL, you cannot use it under OGL.
Copyright protects the form of the material, but it does not protect general concepts or ideas. The term psionics itself is not copyrighted, and you could use it, or refer to the material in general terms. However, you would not be able to verbatim include these psionic rules.
Remember, this is not legal advise, I am not a lawyer, nor do I play one on the internet. I play a Hobgoblin.
