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There is a possibility that they are actual lore characters in the new Vecna book.
I mean, that's not how licensing works. If Wizards of the Coast has a licence on these 2 bards, even if they aren't in any current media, they belong to them regardless of whether they are released content.
Technically, in D&D, characters are made by the people playing.. but Bards in general as a class and a race in this context belong to the rights of D&D. Therefore even if it's not in the lore or custom made characters, it's still under their jurisdiction of holding claims.
And even if this wasn't the case, Behavior makes agreements/contracts with these third-parties that for being allowed to use their characters and make direct references, they get the entitled cut that any other licensed characters would get. That means that if they agreed to let them put Vecna and a survivor(mixed like legion even) in the game, they are entitled to their cut.
If they didn't want to add the survivor for whatever reason and D&D didn't like that, they could revoke Dead by Daylight's use of Vecna as well.
The same applies to D&D as well. The survivors might be original, but things such as names, usage of D&D mechanics might not be.
The only thing that actually tie them to D&D is the backstory, the word bard CANNOT be copyrighted, they could have made the exact same character, but replace the few bits from the backstory and it would be a legal original character.
You completely misread what I was saying. I didn't say "Bard" was copyrighted. Reread what I wrote.