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Old 03-31-2018, 09:24 AM   #49
SSTiger
sahithstiger@gmail.com
 
Join Date: Jul 2017
Posts: 186
SSTiger will become famous soon enough

The word "Featuring" does not carry any implication of official legal right or permission; it only means that a certain character is primarily featured in the story inside.

Also, using the word "homage" will not provide any legal protection, because, as RobertS pointed out, we ARE using Mignola's IP without permission. Same goes for every other character from every other franchise that we are using in the book. Legally speaking, these are all Trademark/Intellectual Property violations that can be taken to court.

If you absolutely have to call it an homage to Hellboy, you'd also have to call it an homage to the Fantastic Four, Devil May Cry, Hulk, etc. etc. and list every single franchise we've used on the cover.

"Fan fiction featuring Hellboy" is a more accurate description, since that puts its non-commercial nature front and center (check out any number of fanfic sites and "fan fiction" is the official phrase used in titles for stuff like this, not "homage").

Any further disclaimer we add should be detailed inside, not on the cover. I remember author Steven Brust once wrote and distributed a Firefly fanfic called My Own Kind Of Freedom, with an ownership disclaimer & a Creative Commons License on the inside. That's a known and established author, writing unauthorized fanfic of another known and established author's work, without any legal ramifications. Something like that should work fine for us, too. All this obsessing over the legalese doesn't get us anywhere because there's really no fancy lingo that can shield us 100%, so I'd rather not restart the wording discussion.

The big question here was whether and how to add DW's name to the title, and EDuke has made his views clear on that. So it'd be best to pick the logo/font and move forward.
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