Are you able to use images from past editions of D&D such as 4e or 3.5e in your original content being sold in DMsGuild? (as in getting them from specific wikis)
I know that they are not being published anymore but how does copyright work for them?
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asked Sep 7, 2021 at 1:44
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1\$\begingroup\$ This is a question for an IP lawyer \$\endgroup\$– MivaScottCommented Sep 7, 2021 at 3:55
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1\$\begingroup\$ @MivaScott That's true, but asking here is probably less expensive. (Also see here.) \$\endgroup\$– Hey I Can ChanCommented Sep 7, 2021 at 6:01
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1\$\begingroup\$ or law.stackexchange.com \$\endgroup\$– Tiger GuyCommented Sep 7, 2021 at 14:27
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1\$\begingroup\$ Copyright does not expire just because a new edition is released. \$\endgroup\$– chepnerCommented Sep 7, 2021 at 16:17
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\$\begingroup\$ Nor does it expire just because it's no longer being actively used. See Abandonware as an example. \$\endgroup\$– MivaScottCommented Sep 7, 2021 at 17:20
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1 Answer
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Only if it's free and marked as unofficial.
I'm not a lawyer, but it's my understanding that Wizards of the Coast, the copyright owner of Dungeons and Dragons, owns the copyright of the images used in Dungeons and Dragons works. As a result, they have the right to control their usage in derivative works, which is what a book containing them would be classified as, and without an explicit license granting you the right to do so, it would default to you not being allowed to do so.
If you're publishing it on the DM's Guild, you'd also need to comply with the terms of the DM's Guild license, which is described here. Additionally, on this page that discusses artwork that can be used under the DM's Guild licence, it states the following:
Art and Maps Provided by Wizards of the Coast. The "Resources for DMG Creators" category contains several art packs that are owned by Wizards and that can be freely used in your DMs Guild titles. The artwork can be cropped to fit your PDF but may not be altered or changed in other ways. NO OTHER ARTWORK from Wizards of the Coast titles can be used.
Fortunately, Wizards of the Coast have released a Fan Content Policy that licenses you to do so, provided you follow its restrictions. These restrictions include that it must be free, that it must be marked as unofficial, that it can't contain their trademarks, et cetera - see the link for the full details. This is presumably the license that the wikis you mentioned are using.
If you're planning on posting Fan Content on the DM's Guild, you would presumably be required to comply with the terms of both licenses.
It might also be possible for you to work out your own license with Wizards of the Coast, rather than using the existing licenses that they've released for the community, but it seems unlikely that they'd agree to do so without a good reason.
