Obsidian and Bethesda have faced legal issues for including the Rorschach Test in Fallout: New Vegas without obtaining the corresponding rights.
This psychological test, which invites participants to interpret inkblots, is used within the game to determine character skills, a nod to character creation in previous titles like Fallout 3 and The Elder Scrolls: Arena.
However, a recent interview with Chris Avellone, former creative director of Obsidian, revealed that the studio and Bethesda mistakenly assumed that the test was in the public domain, as its creator passed away in 1922.
Unexpected Copyrights
The situation highlights the complexity of copyright and trademark rights in the video game industry, as trademark rights can be renewed indefinitely, unlike copyright rights which have a specific duration.
In this case a Swiss publisher has maintained its claim over the Rorschach Test for decades, leading developers to face legal actions for its unauthorized use. Avellone mentioned that the inclusion of humorous elements and cultural references, such as the Rorschach Test and the “Wild Wasteland” trait, contributed to the uniqueness of New Vegas, although this also brought unexpected legal complications.
Additionally, the popularity of a joke called “Two Bears High-Fiving” has generated a mod and several references within Fallout: New Vegas, as well as in later titles. This gag, which has endured in the gaming community, has been integrated into the game through an NPC in the “Honest Hearts” DLC and has left its mark even on Obsidian’s upcoming project, Avowed.
These anecdotes underscore the importance of proper management of usage rights and the influence of popular culture on the narrative and gameplay of video games.
