The creator of the Spawn comics, Todd McFarlane, has said that NetherRealm Studios has the right to use the character in Mortal Kombat games, including the upcoming title, Mortal Kombat X, thanks to a deal with Warner Bros. Interactive.
McFarlane said that the developers have a "window of time" to use the character, so he could very well appear in the upcoming game as a DLC should the developers opt to do so.
“They have access to be able to use the character in a couple of their games, if they want to,” said McFarlane in an interview with GamerFitNation. “Again, it’s up to their discretion. I gave them a window of time, so I’ll just leave it to them to do what it is that they want.
“Eventually, they’ll phone me and they’ll go, ‘Hey, we want to use him here. Is that OK?’ Well, technically, it’s OK because we’ve already said yes. They just are letting us know. I don’t know if they’re ever going to use him.”
Mortal Kombat X comes out on the PC, Xbox 360, Xbox One, PS3 and PS4 on April 14.