[RPG] Are the Gods in the Forgotten Realms setting under copyright

forgotten-realmsintellectual-propertypublishingreligions-and-deities

I'm in the midst of writing a story involving Cyric and Tharizdun butting heads over a group of mortals attempting to obtain one of Cyric's toys and destroy it. (based on a 2 dungeon master, dungeon me and some friends did a while back)

I just wanted to know if it would be legal for to use the two god's names.

Best Answer

All FR gods and other setting proper nouns are the intellectual property of WotC - probably copyright, maybe some trademark, maybe even some trade dress. The specifics aren't all that important in this case.

Technically, legally, and unless you have a bunch of money and lawyers to try to fight it, you need permission to use them. This kind of use is NOT protected by Fair Use nor by the OGL nor by any of the other things people think it is. If you are trying to publish a novel using their characters or setting, they will crush you.

However, no offense meant, but due to the 6 grammatical errors in just the 3 sentences of the question above, I assume you are just planning on writing fan fiction for your/the Internet's enjoyment and are not a professional novelist.

You can take one of two paths to writing FR fanfic.

  1. Use a WotC community use license - I believe this is the latest one; it's for fansites. Read through it and see if you think it covers your use case (needs to be free and non-offensive), and then comply with it. Or possibly releasing it via the Dungeon Masters Guild which also has a bunch of restrictions (you can't publish it anywhere else).

  2. Just do it. They will ignore you unless you try to make money or otherwise make a pest of yourself. It's just as "illegal" as writing a novel for publication, but they have bigger fish to fry and damages are $0, so you're going to be fine 99.9% of the time. If you write the world's most popular Cyric/Tharizdun slashfic they might send you a Cease & Desist order and/or send a DMCA takedown notice to your ISP - that's what they did to a couple of people writing character generators and power card things during 4e. They are within their legal rights to sue you - but they're within their legal rights to sue you no matter what you do. If you're writing FR fanfic for free - well, go Google for it, there's a bunch and no one's getting lawyers air-dropped on them.