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I contribute to a motoring website, well, one that's got Photoshop of cars, motoring history etc. - it's a small obscure site with only a few users.
Recently I've been learning InDesign and Quark Xpress for digital publishing, and made a few of my own publications - with real-life titles, even though the content is fictitious - my own versions of cars, and fictitious towns with dealers (based around What Car?, Motor Trend, Auto Trader and Auto Exchange magazines - all real-life popular car magazines).
The content is fictitious (e.g. no such places as Esfolk - a parody of Norfolk/Suffolk, or Marlholme etc.) and even some brands that no-longer exist get vehicles created for them in Photoshop (e.g. a Rover 600 convertible and hatchback).
There's even fictitious car dealers, and the effort put into making the adverts look realistic is done for verisimilitude purposes - apart from phone numbers (for obvious reasons, i.e. privacy) which are made longer and have numbers added in between, e.g. 01234 123456 becomes 012345413210 123456.
The magazines' inside design differs from the original, using different fonts, colours etc. - enough to avoid claims that it's 'ripping-off' the original design. The facts themselves (car prices of new vehicles etc.) are just data, and can't be copyrighted, if I'm correct, since this data is in the public domain.
I am wondering is this considered fan fiction? - I think it's a derivative work (bear in mind I am from the UK, so British law applies).
As I understand it, Photoshop works of vehicles are derivative works under British law.
Currently my works are not on the site as I'm trying to ensure this fanfiction is legally compliant - it's my first real 'go' as it were, at fanfiction.
Relating to this question here would my content be considered 'sufficiently different' and as satire, as this is affectionate parody, not a "let's poke fun at this work"-type parody.
The point of creating these works is twofold; to show my design skills to fellow enthusiasts, and a tribute work to car magazines that us automobile enthusiasts like - basically, a sort of fan site, if you like.
Basically, what I'm asking, is how to do things right with fan-fiction, especially since this isn't the usual type of question about fan-fiction works based on TV shows etc. as I'm very new to this area.
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Under US law, a direct parody is considered "fair use". What isn't fair use is parodying something for some other purpose.
Of course, it's my understanding that English is spoken in other countries besides the US, and the laws there may be different.
As long as the work is sufficiently differentiated from the original sources, it should qualify as original work in which case you would own the full copyright over it. Even still, original trademarks and registered trade names if used, such as British Leyland (BL) Austin, Jaguar etc. would still be the copyright of the original owners. If used, you must attribute copyright to them.
One of the difficulties you face is that of passing off. Ironically the better the job you do of (affectionately) parodying the visual style of the products you celebrate, the greater the risk that a reasonable person might be mislead into believing that your work is actually from the famous brand and hence infringes on their trademarks.
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