IP vs Concrete Creation using that IP
There's certainly a lot of gray area left on the artwork, especially. DC probably owns most of it? It might take a lot of work to track down the original artists and find their thoughts on all this.
At face value based on what Willingham seems to believe, you could probably remix the early comics, use the dialog word for word, maybe even panel for panel. But you'd probably need to use entirely new artwork and be very careful that the artwork is entirely new with fresh concepts.
But there's a fun twist there given how much of Fables is itself based on older public domain works and arguments that many of the core concepts of the characters have always been public domain and even very close artwork may be entitled to some interesting fair use judgments.
(I'm not a lawyer of course, and neither is Willingham. If I had one suggestion for Willingham it might be to talk to Creative Commons lawyers and get something like the CC0 involved, including legally binding descriptions of the parts of the series that Willingham now thinks are dedicated to the public domain.)
How does it work, legally speaking? I meant that now Fables is in public domain, would DC still need to pay royalties to him? I understand that they had/have a contract, but not sure if the contract is tied to copyright implicitly or explicitly.