Legality of Using Marketplace Content for Streaming and/or Paid Game Sessions?

A question was raised in another thread regarding the use of marketplace content for running paid game sessions or streaming. It was mentioned that LFG was probably not the right forum to address this question, so I am starting a thread in the forum that seems most relevant to the question.

There are cases that are clearly a breach of the Terms of Service and Privacy Policy and/or Marketplace Asset EULA such as creating new content using art assets purchased through the marketplace and distributing that content on a scalable model without properly licensing the assets used to create the content.

The question here is whether using Marketplace Assets to stream and/or run paid game sessions is a breach of the Terms of Service and Privacy Policy and/or Marketplace Asset EULA.

One case in this category is the many paid games that are run using published modules such as Curse of Strahd and Dragon Heist. The prevalence of such games seems to indicate that using marketplace content to run paid game sessions is permissible.

Another case is using marketplace tile-sets to build content for paid game sessions. If using published modules purchased through the marketplace to run paid game sessions is permissible, it seems logical that using tile-sets purchased through the marketplace to run paid game sessions is permissible.

Unfortunately, the current Terms of Service and Privacy Policy and Marketplace Asset EULA are not clear regarding the use of marketplace content for streaming or running paid game sessions and make no specific mention of streaming or paid game sessions.

I've excerpted what seem to be the most pertinent sections from both documents.

Terms of Service and Privacy Policy 7.3

Who owns the IP of the images and sounds that I include in my campaigns via the Art Library, Marketplace, and Jukebox tools?

The tokens, map tiles, sounds, and other art assets that you include in your campaigns via the Art Library, Marketplace, and Jukebox tools are the intellectual property of the providers of the assets. For more information on the assets included in Roll20, and their providers, see the Acknowledgements page and/or the individual asset page on the Marketplace. We have licensed these assets to allow you to use them to create non-commercial works in a personal setting. If you wish to re-distribute any campaigns you create on Roll20 that include assets from any of these providers outside of this intended purpose or outside of the Roll20 service, you must contact the provider(s) to license them directly. Orr Group is not responsible for your use of the assets in any way that violates the rights of the providers. In addition, assets included from the Roll20 Marketplace are subject to the additional terms in the Marketplace End User Licese Agreement (EULA).

Marketplace Asset EULA 3.5

Unless you have been specifically permitted to do so in a separate agreement with Roll20 and except as permitted under the Roll20-EULA or a Provider License (for free Assets only), you agree that you will not reproduce, duplicate, copy, sell, trade or resell any Asset that you have acquired from the Marketplace for any purpose.

Marketplace Asset EULA 3.8

You agree that Roll20 and/or third parties own all right, title and interest in and to the Marketplace and the Assets available through the Marketplace, including without limitation all applicable Intellectual Property Rights in the Assets. "Intellectual Property Rights" means any and all intellectual property rights wherever in the world and whenever arising (and including any application), including patent laws, copyright, trade secrets, know-how, confidential information, business names and domain names, computer programs, trademark laws, service marks, trade names, utility models, design rights, semi-conductor topography rights, database rights, goodwill or rights to sue for passing off, and any and all other proprietary rights worldwide. You agree that you will not, and will not allow any third party to,

Based on my reading of these sections, I would conclude that streaming game-play of published modules or using published modules to run paid game sessions is not permitted. This interpretation conflicts with what I see as established practice. Therefore, an official clarification would be very helpful.

In addition to being established community practice, I assert that permitting these uses is a good thing because it produces more revenue for Marketplace Creators and Roll20. It boosts the hobby overall. 

If these types of use are permitted, it would be best for everyone for that to be clear in the relevant legal documents. Additionally, streaming and paid game sessions both have enough potential to generate legal issues that I was surprised neither was ever mentioned in the Terms of Service and Privacy Policy.

If these types of use are not permitted, a large number of Roll20 users are making impermissible use of marketplace content.

One aspect of this is when several people share an account.
(that is how they can run more than one game at the same time)

By the description the purchase should be personal, but I theory I could rent out my account to other players to use in their games.

Thank you Vegemite. The Fan Content Policy and Section 13 of the WOTC terms seem to indicate that streaming WOTC modules is permissible use when the stream is not behind a paywall.

Questions still to be addressed:

1. Is running paid games using WOTC modules permissible use? I was not able to find anything that specifically addressed this question, but it seems in WOTC's interest to permit this type of use.

2. Is streaming games involving marketplace content from marketplace creators permissible use?

3. Is running paid games using marketplace content from marketplace creators permissible use?

To #1

I am not so certain that it actually is in their interest.

-For example, payment to the DM makes it more expensive to start playing the game, meaning fewer customers.

-A professionalization of playing the game might also prove to deter people from beginning, if it appears to demanding…..also resulting in fewer customers.

-One of the marketing advantages with d&d is that it is a good investment.

...once you buy it, you can play as much as you like....forever.

A continuous cost for playing will partially contradict this .

Jens F. said:

To #1

I am not so certain that it actually is in their interest.

-For example, payment to the DM makes it more expensive to start playing the game, meaning fewer customers.

-A professionalization of playing the game might also prove to deter people from beginning, if it appears to demanding…..also resulting in fewer customers.

-One of the marketing advantages with d&d is that it is a good investment.

...once you buy it, you can play as much as you like....forever.

A continuous cost for playing will partially contradict this .

This is all your personal speculation though. A fact is that due to the OGL, ANYONE can play D&D using the FREE Systems Reference Document (SRD.) They can even create and sell their own content using those, as long as they don't violate or steal any trademarked or WotC cannon character or creature names. (There is a little more to it, but overall the ruleset and a VAST majority of the content is free.)

Additionally, "Orr Group is not responsible for your use of the assets in any way that violates the rights of the providers." This statement implies that once the marketplace product is purchased, the transaction is finished and that roll20 doesn't police how the product is used. It also implies that should a marketplace creator feel that their product is being misused, it would be up to said creator to pursue the action needed to stop the alleged misuse. Now, to clarify on that point, that IS my personal take away from that statement, though others may read it differently.

Hello all,

I am linking this thread to the original post. That post has been moved to the Specific Use Questions and Macros forum.

As such, I am going to close this post for consolidation. 

Thanks!