A question on Copyright, Plagiarism, and Originality, and a potential webcomic announcement

[Endrenesk]

Right into it, then.
I've seen some fan-series here and there, Pokemon, Megaman, a couple others.
We've all heard the term 'fanfiction' before, usually wherein characters take a different route or original characters are inserted into the midst of unexplored options in story branching. To simplify, all fanfiction is noncanon, or even simpler, Alternate Universe.
But, taking away the pretext of fanfiction and labeling a story as "alternate universe" leaves just as bad of a taste...

I want to do a webcomic on God Eater.
This in itself presents its own problems beyond just copyright, such as- GLORIOUS LORE KNOWLEDGE!
The short answer I've found so far for fan-work being usable is that OK, but no money.
I'm fine with that, if that's the case.
However, my biggest problem is probably presentation, in order to not... confuse or mislead anyone. Should I put some sort of addition to the title to let people know? Or should I put it in the very first page, where (hopefully) everyone can see it?

As this is an entirely fan made project, I don't expect it to be ready any time soon, maybe a few months if I'm really well organized in my writing and don't slip up. A plot hole here and a incontinuity there add up really fast...
I realize that there's no way that I'd be able to properly use characters from the source material, so not using characters, names, or scenarios from the games is a really, safe and simple bet.

Also, some character suggestions would be much appreciated, though likely taken with a grain of salt.
So really, character designs, which I can probably make several reference pictures with the in-game creator.
You can find me on Discord, in the God Eaters International channel. (<- an invite)
If anyone wishes for help progressing in God Eater on Steam, I am plenty willing to help as long as my schedule allows for it.

[shazzbaa]

If you're not getting money from it -- i.e., you have ad revenue turned off -- then you can do whatever you want. You can use characters, names, or scenarios from the games if you want. I would probably say that it's a God-Eater fancomic in the description, or have the cover or intro describe it as "A God Eater fancomic," but I don't think you need, like, a warning page or anything unless you want to introduce it that way!

[ToonDoctor]

Sorry but copyrights laws does not work as described by @shazzbaa. Just because you do not make any money from using copyrighted property does not mean that you will not be sued and that the property's owner will not request that you hand all documents and files to them.

It is true that many property owners "tolerate" small fries who make comics with their stuff but in no way should this be seen as a rule, a law or something acceptable. When you venture in that direction be prepared to spend time in court. You will be at their total mercy as what you are doing is breaking the Berne Convention on copyrights which is agreed upon by many countries.

About using the title of a property for your own comic, this is not a copyright issue but a trademark problem. Companies are compelled by law to protect their trademarks against any non-valid usage or they forfeit their exclusive rights to use their trademark name. Again thread carefully.

I understand that this is not what you want to read right now but it is the bare bone reality. Fan fiction cultures and practices have no legal standing. Just because everyone does it doesn't mean that you will not be targeted as an example, especially if asking on a forum such as this one if you can. Just with this, they can prove malicious intent.

Just create your own project instead of promoting someone else's property.

Cheers

[sistalsartworkshop]

Well if I am not wrong I think you are not totaly right, as fanmade stuff can fall in too fairuse, But that being said, I think you are right in saying it isn't a safe road and that having a project from yourself is better, plus at least this one you can earn money xD

[Endrenesk]

So, the notes I've gathered so far:
Disclaimers and Nonprofit, while they can help to dissuade legal issues, have no bearing on whether or not a fanmade story can be taken down or not.
Transformative fanfiction is within the safe zone, mostly (more on that) if only because it's not using the source material, but if it happens to be using a part that you do not have permission for, BAM. As an example, creatures from that story? Very unlikely to be permissible. A wizard that goes to a magic school? Safe, but only if you don't include copywritten words, places, or characters; ie. hogwarts, firebrand, golden snitch, etc.
Which in theory means that as long as a generous change is made to each aspect of the story, it's less likely to be taken down.
Of course, most of this is invalidated if the original author is feeling generous or doesn't feel like taking it down due to it's publicity.

By even typing most of this, I'm pretty sure I'm already treading on very thin ground.
So for now, I shall stop.

[UzukiCheverie]

I think @shazzbaa was talking more in the context of what Tapastic would allow within its rules (when it comes to fan comics), not plagiarism law in general.

[OliviaMerteli]

Each companies have their own policies on this subject but most of them, especially video games, companies encourage fanstuff production. For them, it's free publicity.
The safest way is to ask them directly. The question is probably already answered on their site's FAQ, anyway.

[Devika]

I'm gonna leave a link to this video where an actual lawyer on copyright issues talks about fan content.

In short, it's thorny, you might get through, but it's dangerous territory. Even a lawyer can't give a straight answer on what will make it through court unscathed. The risk is bigger the more similar it is in style and medium to the original content, the less of a parody it is, the greater reach it has (even if it's free it can lead to financial losses for the original IP holder), if it damages the the IP's reputation, and some other smaller factors.

He also mentions that law and practice go apart. In theory, even just drawing a character is infringement - but nobody punishes anyone for that, as long as they aren't trying to fool anyone into thinking it's original content and are actively damaging the IP.

The safest option for a fan creator is to find out what the IP holder's official stance on this is. If they allow, or even encourage fan content, you're safe. If they have a history of suing left and right.... Yeah you're better off not pushing your luck. Some companies have even hired people based on their fan art... But those cases are rare and hard to prove, as far as I know.