Does anyone have info, or can point me to such, regarding DnD intellectual property/copyright infringement for publishing referencing game concepts? Specifically, I'm looking at using Panisadore as a fiction setting but want to be sure I don't violate any properties in doing so. Since I'm designing the world to game under DnD 3.5 the mechanics and some of the concepts (e.g. presence of Illithid) show the direct influence of the game system upon the setting's creation. (Hence I can't publish a story or novel which includes Illithid unless I can get WoC to accept the manuscript - not too likely - the game companies seem to only look at well established authors - WizKids wouldn't even acknowledge requests for info to write MechWarrior or Shadowrun fiction.) I want to know clearly what can be used/described (they can't copyright fireballs or elves) and what must be changed (they can copyright the use of specific material components in casting a fireball, or elven "thinblades".) I don't want to overhaul the setting for a different, more permissive game system, much less create my own from scratch, I chose Dnd at start to insure player access and familiarity regarding source material and have since invested (for my budget at least,) a sizable chink of funds. So I'm looking for how to to use my setting both for gaming and for writing.
I believe you'd be able to use anything in the 3.5SRD just fine, but I think you'd have to reference it. Illithids aren't in the SRD, though. Your best bet, if you're serious about this, is to simply ask a lawyer.
ENWorld has a set of novels, "Metamorphosis, from Dretch to Demon Lord". I'd ask around there, maybe they could tell you how they legally used the creatures and planes that they did.
Illithids are off-limits completely; they are Wizards intellectual property. The same is true with beholders, displacers, and some other monsters. Using those would be a no-no. Anything specific in a non-core rulebook would be very subject as well. Basically, a setting with illithids is a long shot at best.
Right - I brought them up as an example - I can run the setting and use Illithid in doing so, but would not be able to include them in any published fiction. As they aren't a significant/integral part of the setting that poses no problem. I haven't looked at the SRD terms in this much detail and have been uncertain as to how they address general fiction (as distinct from OGL development), but it seems that the whole thing is about to change with the new edition - but I don't know if the license changes will only effect game developers (refer to product type,) or broader writing in general. . . mainly I'm seeking a pointer toward any current specifics addressing 3rd party (non-game) fiction.
Thanks Kapn re: ENWorld - haven't been there in a while, will take a peek