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I was going to create a fan based game on the popular tabletop game Warhammer (r) 40000 however a thorough read of their legal statement I saw that heaps of aspects of Warhammer has been recognized as intellectual property of Games Workshop. After more research there seems to be an unstable ground in the world of fan-game making. I need a clarification whether or not creating a fan based game on Warhammer is plausible. And of course a fan based game will remain free to play and all intellectual property is owned by respective owners. However the problem here is that if I do publish a game, the heavy use of intellectual property may cause it to become property of the company and I am simply promoting their product.

If creating a fan game is not plausible I have considered creating a game following a storyline from some of their resources without actually using all of it. So in this case would I be able to claim my production as my own if I use say less than 50% of their story (for Warhammer fans: I am going to use the structure of the Siege of Vraks Campaign from Imperial Armour 5-7 to create an fps game based on this story.)?

I'm the same way with mirror's edge. I wonder if they'd kill me for that

I wouldn't mess with it if I where you. A chrono trigger fan game sequel, 7+ years in the making, was issued a cease and desist order not too long ago. That's just one of countless stories.

Nothing is wrong with creating a fan game... as long as you change all the names and distance yourself from it's lore. Of course, then it wouldn't really be a fan game, but you could market it as such. "Love Warhammer 40k? Try my new RTS (or w/e) game!"

it's a big no. As honourable as your intentions may be, they have a brand to protect, and they do that by controlling anything related to it. There are so many brand-based rules (e.g things as mundane as "never place the logo in a black square") that the only way to protect it is to say no to anything. The other side of course is that although your game is free, you may potentially be losing them revenue on their own products.

True, true, I guess I may as well make something from scratch.