This is not actually true. Granted Marvel probably won't do anything b/c it's just fanfic, but they actually could if they wanted to. I've had a lot of my work pulled from places using my photography work even though it was fan created stuff and wasn't for profit or similar.
Although why is captain america knocking down the buildings on the cover?? that seems like an odd thing for him to do..
I don't want my name out there. Are you sure about the artwork? If you created it using other photography you have changed the original. It's like Cambell's suing andy Warhol.
I know i did a sculpture of Cerebes and dave simm said I can make a certain amount, I believe it was 500. I can sell them. When I was doing a convention there was a woman who did portraits of vincent from beauty and the beast and she told me the same thing.
He is digging out of the rubble. The picture i was referring to was cap with his face buried in his hands crying over the WTC building. Does anyone remember this?