In case you're not aware, our first Kickstarter for The Coming Dark, Chapter One: Into the Light has finally launched on Kickstarter.
Initially, based on the information we had from the past, we intended to release it through the DM's Guild. That reasoning is based on WotC's (Mike Mearls, specifically) response to my question in the Reddit AMA with Mike Mearls and Chris Lindsay from January 15th:
You would think that would be cut and dry. Well, that's not the case.
Yesterday I was contacted by the Director of Publishing and Marketing at OneBookShelf. His email contained the following:
Someone linked us to your Kickstarter and I wanted to touch base about a few things. DMsGuild creators cannot release titles on both DMsGuild and DriveThruRPG and they cannot use Kickstarter to "sell" their DMsGuild publications.
The wording on your Kickstarter makes me think this is more of an OGL type product, which is great because we have a ton of awesome 5e OGL content on DriveThruRPG and you are already set up to sell there.
You would only need to remove the DMsGuild elements (logos and text) from your Kickstarter page and continue on with your plans to sell on and fulfill your project via DriveThruRPG.com.
At first I thought it was simply semantics... My original listing made references to Drive Thru RPG even though I mean the DM's Guild; the reasoning is that, let's face it, both websites are one in the same and differ only in branding. So, in response to that email, I removed all references to Drive Thru RPG and stuck to my plan of releasing for the DM's Guild.
I just received the following email, from the same person at OBS:
The issue is you are in violation of the license on DMsGuild with your Kickstarter. All DMsGuild creations must remain exclusive to that storefront. They cannot be sold on DriveThruRPG, other storefronts, nor via Kickstarter tiers.
While it is true someone could run a Kickstarter to fund artwork or development of a DMsGuild title, they cannot offer tiers that provide backers copies of the title product. So, I imagine tiers would have to be "special thanks" or "game with the designer at Gen Con" or "your likeness used as one of the NPCs" all backers would still have to buy the book on DMsGuild once it launched as the publisher wouldn't be able to sell them a copy via crowdfunding.
Now think about that for a second... I can use Kickstarter to fund art for a project, but I can't actually provide that product as a reward to my backers once it's done. Backers are REQUIRED to purchase it through the DM's Guild, even though they already provided funds via backer rewards.
What I don't get is that I, at my discretion, do a few things to circumvent this:
- Provide my product on DM's Guild FOR FREE or "pay what you want" (which could also be zero). Backers pay what they paid for it; anyone else gets it at whatever price or free. Not exactly the best solution from a business sense, but that's an option.
- Provide my product on DM's Guild at whatever price I choose, but give a discount coupon to all my backers for them to acquire it at no cost to them. Based on the above, not exactly sure I can do this either.
- Provide my product on DM's Guild, but require all backers to pay more than they've already paid to get it there. This feels unethical.
- Provide my product on DM's Guild, but buy copies myself and send them to my backers. This feels... well... stupid.
But, in light of my past legal issues with D&D publishing, I really don't have much a choice here... Until I get further clarification from Wizards of the Coast (with which I'm trying to communicate, but they don't exactly have an easy way of doing that), I will likely switch my product to go OGL. I'm not happy about doing that, but this goofball licensing agreement doesn't give me a lot of choice.
I will continue to try and get additional information, and will update this accordingly when I do.
Update 4/29/16: Yet another response from OBS...
The DMsGuild license specifically agreed to by content creators states that all DMG titles are exclusive to the DMsGuild.com storefront. Putting the PDF on Kickstarter violates that exclusivity. You are specifically listing your title (understanding that it isn't officially released yet) on another site and not on DMsGuild. It wouldn't be available on DMsGuild until after you've collected funds and finished the project.
DMsGuild creators do not currently have the tool set to upload PoD files themselves.
It does sound like making adjustments and releasing this title on DriveThruRPG as a 5e OGL product would work better for your overall setup.
First off, since the point of the Kickstarter is to fund editing and art, that it won't be available until after - well after, actually - the project ends is kind of a given.
Secondly, that poses an interesting problem... if I go the DM's Guild route, I can't offer hardcover discounts to my backers because there's no way for them to actually get a hardcover through the DM's Guild anyway. It *must* be done through DTRPG's default site, so the OGL is the only way to get a hardcover for any 5E product.
Update #2, 4/39/16: Mike Mearls has responded to my inquiries...
@BrainClouds they have the final say, as they're the ones who created the legal text and manage the program.
— Mike Mearls (@mikemearls) April 29, 2016
Well that settles that I suppose.