Fallout: New Vegas and the Rorschach Test Legal Shenanigans

In a recent chat with YouTuber TKs-Mantis, Chris Avellone, the former creative director at Obsidian, spilled the beans about some unusual legal drama the studio encountered while working on Fallout: New Vegas. Specifically, it revolved around the iconic Rorschach Test featured in the game.

For those who have played, you might recall that when you wake up in Doc Mitchell’s house in Goodsprings, you take a Rorschach Test as part of character creation. Your responses help shape your character’s tag skills. This playful nod stems from the GOAT exam in Fallout 3, which itself is a cheeky reference to the character creation quiz from The Elder Scrolls: Arena.

Avellone admitted that he and the team had assumed the Rorschach Test was free to use since its creator passed away over a century ago, back in 1922. Clearly, Obsidian and Bethesda were a bit mistaken because they didn’t realize they were stepping into trademark territory when they included the test in New Vegas without securing the rights. Avellone recounted how the trademark holders came knocking, indicating a potential lawsuit and prompting a collective sigh from the folks at Bethesda.

He elaborated, “We got into a bit of trouble for some of these jokes because they weren’t always communicated properly. The Rorschach Test was one of those instances. We learned the hard way that trademarks can be renewed indefinitely, unlike copyrights, and a Swiss publisher has been holding onto the Rorschach trademark for decades. It’s reminiscent of how the ‘Happy Birthday’ song is still under copyright!”

Despite the legal hiccup, the Rorschach Test added a memorable touch to character creation, reinforcing the RPG charm of Fallout: New Vegas. This incident also inspired the quirky mod “Two Bears High-Fiving,” which became a cult favorite among fans. Although the original mod has since been taken down, another version popped up in 2023, showcasing the creativity of the community.

Interestingly, this mod got a nod in the game’s Honest Hearts DLC, and even made its way into Obsidian’s upcoming title, Avowed, with an achievement for summoning bears to duke it out. It just goes to show how one little legal mix-up led to such a hilarious ripple effect in the gaming community!