Who Owns the IP?

[raubrey]

Since there has been a lot of talk about different involvements in the game amongst Obsidian, InXile, 2K's team etc. I wondered who owned the IP.

As some know Obsidian doesn't even own the IP to Pillars of Eternity, Feargus does.

I suppose my hope is that the creators own it.

[Conundroy]

Take-Two’s since it’s published by Private Division, which is owned by Take-Two

[raubrey]

Ok, thanks for the answer.

Edit: Wrong answer.
=====================
If the game is a success with potential sequels (at least in demand) it's probably better this way.

[Mujokan]

Trademark is owned by Obsidian.
https://trademarks.justia.com/877/69/the-outer-87769095.html

"All the developers we spoke with at Panache, Obsidian, V1 Interactive, and The Outsiders said retaining their IP was the most significant factor in signing with Private Division." -- Game Informer

h/t Polygon comments

[ʑΞɳآʈḩʇЪ [Cancer Stg 4]]

The "Accepted Answer" feels wrong to me;
1) PriDiv is just a publisher
2) Obsidian themselves filed for the trademarks for this game https://trademarks.justia.com/877/69/the-outer-87769046.html

[ʑΞɳآʈḩʇЪ [Cancer Stg 4]]

Originally posted by Mujokan:

Trademark is owned by Obsidian.
https://trademarks.justia.com/877/69/the-outer-87769095.html

"All the developers we spoke with at Panache, Obsidian, V1 Interactive, and The Outsiders said retaining their IP was the most significant factor in signing with Private Division." -- Game Informer

h/t Polygon comments

I think we posted at the same time lol!

Edit: Or rather your reply was not here when I trotted to research this :)

[raubrey]

Originally posted by Mujokan:

Trademark is owned by Obsidian.
https://trademarks.justia.com/877/69/the-outer-87769095.html

"All the developers we spoke with at Panache, Obsidian, V1 Interactive, and The Outsiders said retaining their IP was the most significant factor in signing with Private Division." -- Game Informer

h/t Polygon comments

That's too bad then. It will be the first IP they own but _if_ they are dismanted at Microsoflt...hmm.

(or say some of the devs leave...) Would be nice to know there is some continuity of ownership in advance, if possible. It's sad when a game gets mucked up over legalities etc.
Finally, for instance, Kingdoms of Amaleur is in developer hands rather than the State.


I was having a bad night and forgot where to look. So this looks right and what I was looking for.

[raubrey]

Originally posted by ʑΞɳآʈḩʇЪ EN en ES:

The "Accepted Answer" feels wrong to me;
1) PriDiv is just a publisher
2) Obsidian themselves filed for the trademarks for this game https://trademarks.justia.com/877/69/the-outer-87769046.html

A lot of publishers do own the IP but yeah, it's fixed now. :)
Thanks.

[NeverSleeper]

Slightly complicated. Obsidian owns the IP, but Private Devision owns the publishing rights. This of course could mean that Outer Worlds is a one off venture.

[Bansheebutt]

Originally posted by NeverSleeper:

Slightly complicated. Obsidian owns the IP, but Private Devision owns the publishing rights. This of course could mean that Outer Worlds is a one off venture.

Doesn't that mean the opposite?

If OBS own the IP how does the publishing rights for one game prevent them from creating another work in that IP? Unless copyright law is even dumber than I last remembered?

[raubrey]

Originally posted by Bansheebot:

Originally posted by NeverSleeper:

Slightly complicated. Obsidian owns the IP, but Private Devision owns the publishing rights. This of course could mean that Outer Worlds is a one off venture.

Doesn't that mean the opposite?

If OBS own the IP how does the publishing rights for one game prevent them from creating another work in that IP? Unless copyright law is even dumber than I last remembered?

Publishing rights are seperate from ownership, but work similarly. It's a bit like being a book or article author whereas your ability as an author (original owner of the content) is limited to how many rights you signed away for it to be published. It's a sad business as a creator in many cases to be honest, unless you are not pressured for money.

In other words, unless Obsidian has a very liberal and non-exclusive arrangement it is likely that the publisher retains rights to the IP's usage in any other format, to include future game formats, books and novelty items.

Sometimes the rights are segregated though, among visual, literary, code and so on.

Generally, the more financially vested the publisher is -- including risks -- the more rights they demand.