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@trdebunked I think, yes, the safest is to make it clear on the original author's side regarding the world they created.

If for them everything else not written by them, or “approved” by them, is a fanfic, then it is a fanfic. If they say they are not, then they are not.

The tricky part now is, for PD works where the author already passed away.

I think, in this case, if the author of the derivative work says that what they've written is fanfiction, then it is. It will cover what was suggested by another user, re: the #fanfic community of Jane Austen's Pride and Prejudice, they call their works fan fiction.