> woodelf
>
> so far, everyone seems to be operating under the assumption that "art
> doesn't count".  even the Freeport adventures, which are "100% OGC"
> have closed artwork.  and some of that artwork is surely illustrative
> of the content of the adventure.

That isn't necessarily a problem.  In the case of an adventure, the author
owns the copyright on any new material they create.  If that material the
illustration is based on is not required to be OGC by the OGL, then there is
no need for the illustration to be OGC.  Imagery depicting a fictional
creature, a particular scene, or any of hundreds thematic elements are
mostly likely wholly owned by the author.  If however they create images of
existing OGC that they borrowed from another source (such as an OGC
description of a creature, or an image that is clearly based on the OGC Stat
Block in the Monsters section of the SRD) then those images must be OGC.

> the only place that artwork or illustration is mentioned is in 1(e):

That isn't evidence that artwork must be PI, only that it can be.  OGC can
be "any additional content clearly identified as Open Game Content by the
Contributor" and "including translations and derivative works ".  That
certainly is broad enough to include artwork or illustrations based on OGC.

-Brad

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