Originally Posted by Vot
He suggested you contact the actual owners of the copyright and explain the situation (free game in non competing market) and see if they will stop the action or grant you usage as long as its clearly marked as unaffiliated with the copyright owners (and remains free).
With no consideration - for a moment - for the niche market we are speaking about, the thing is not exactly right for me, as the owners of the content's rights in the game are more than just the studio there, as soundtracks were ripped from other games too.
I'm just saying, since there is music available for such no profit use under Creative Commons, or even graphics, before to propose such a thing to the studio owning the brand and the characters, I would at least be sure that ALL the rest of the content was useable.
But the first and more important thing, is to get rid of the menace of lawsuit. Consider, a shark-firm whose core businness is hunt for IP infringements, and it's payed for that by their clients should limit itself to the cease and desist letters; to ask money like that is both unfair (as one may not have the readyness to protect his rights) and a bully tactic; when you think that law exists to protect yourself from bullying...