Write your own novelWriting your own novel
Would you mind if I wrote my own Star Wars novel?
The Star Wars tales and character are copyrighted and trademarked. There is a considerable degree of duplication between the two. However, a trade mark is any words, symbols, colours, smells, sounds or other things used to identify the origin of goods or provision of it.
So, if you use Luke Skywalker in an un-licensed history you are trying to dispose of, you may infringe both the copyrights to Luke's history and the use of his name as a trade mark. Writing your own Star Wars novel produces basically a derived work.
Is your novel really a "Star Wars" novel? Why is it a SW novel? When you use the familiar character, there's little question, but if you are creating completely new character and telling a storyline that only plays in the Star Wars world, then maybe you can prevent being a work inferred.
A number of issues need to be addressed because issues of *extremely* factual complexity and I cannot underestimate the importance of the tiny detail of your particular use of the SW world. In my opinion, you could probably tell a tale about a scrap yard on a deserted Planet and the only true record of the SW cosmos we know is a strange link to Coruscant.
Much in my mind, I don't think such a novel could violate Disney's IP (not that I'm in favour of you trying to find out where these fringe are). However, let's say you go full Star Wars and make your Han/Chewie OTP history. Like others said, if you try to put this thing up for sale, you'll run into a hard Disney will.
However, even if you don't use it ( "fanfic"), it still hurts Disney's belongings. While the front storyline may be your own, to make it, you have to depend on a part of the background storyline that you didn't do. But you didn't make the history of Han and Chewie as a smuggler.
The way they found Luke and Leia. where they got the Millennium Falcon. It is the background storyline that makes your work a derivate. Okay, so you have two personalities named Han and Chewie and nothing else from the SW world.
It' like a tale with a simple Coruscant allusion. Is the name alone enough to make your history a SW-history? Nobody can say with certainty where exactly the borders are, where a history goes from hurtful to not hurtful. Another thing: I very much question that every Fan Fiction you are writing would come under Fair Use.
This is because it is costly to file a lawsuit against someone (especially on the order in which Fanfics is produced) and it looks hard to do so. Doesn't mean you're not hurting!