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D&D 5th edition, while significantly different from 3rd and 4th editions, does indeed have some similar mechanics, and there are lots of spells which have crossed over many editions of D&D.
TL;DR: D&D 5e and Pathfinder both have their roots in 3rd edition (and from there older editions), and this is allowed because of a license the owner of D&D put out during the 3rd edition era.
Most of your legal questions can be answered if you know about OGL, or the Open Game License. Wizards of the Coast decided wisely when they created 3rd Ed. D&D to make most of the actual rules be open to anyone who wanted to publish their own stuff. In other words, as long as you didn't use any of their Trademarked material like character names, place names, god names, etc. you were allowed to make modules, or even new sourcebooks, using anything that was OGL. The intent was to "grow the game" by letting 3rd party publishers create a wide variety of RPG products that Wizards couldn't or wasn't interested in making themselves. Once, Wizards moved on to 4th Ed. Pathfinder took advantage of OGL to continue the spirit of D&D version 3.5 for those that preferred that edition. It's perfectly legal.
Beyond that, a lot of D&D stuff would be impossible to defend from a copyright standpoint, since D&D; A, lived in copyright hell during one of the most prolific periods of its life, and B, made it's money stealing from Tolkien