I searched around the forums and at one point even asked support directly about this, but to say there are conflicts would be an understatement. According to the WotC SRD for D&D, there are a number of named characters, locations, items and creatures that fall under exclusive copyright through the publisher. For example, paragraph 4 of the latest SRD (2016) specifically calls out Beholders as a designated Product Identity item and therefore off-limits to third party creators without express written consent. I was referred to the document by a Roll20 rep when I asked about what I could and could not create, token-wise in my case: So those use the D&D5e Open Game License and System Reference Document to allow others to use those pieces of intellectual property to make things to sell. However, certain things are disallowed - for instance, a creator might make a token with what looks to be a Beholder, but it cannot be named as a "Beholder". That seemed pretty straight forward, but even a quick glance at the Roll20 marketplace has over a dozen token packs that include Beholders, with that exact name and the likeness you'd expect, along with Mindflayers and a number of others laid out in the SRD as being off-limits. Right there, out in the open and I seriously doubt they got permission from WotC to sell them. Now, I know Wizards has bigger fish to fry and would rather not spend time and money going after some starving artists selling digital tokens for a few bucks, but there still seems to be a question of legality when it comes to the content that A) Marketplace creators can create and B) Roll20 publishes. Ultimately as a creator, I'm responsible for the content I post, but seeing how often Beholders show up in the marketplace has me looking for solid answers. TL;DR: Can I create a Beholder token to sell without getting sued and, if not, why are there so many already up there for sale?
