47 minutes ago, Creepa-Bot Inc. said:

Yea, I can't seem to get ahold of him. What can I do?

Then you're out of luck, and I would suggest you move on and make something using IP you either own or have rights to.

Well, look. I'm not planning on copying Undertale. I have a somewhat new story in mind, not to mention new areas, new enemies, new dialogue, new game mechanics, the works. I'm not gonna copy Toby's work, and even if I wanted to, there's no way I or anyone could. I think the only similarities would be the battle system and the dialogue system.

I'm planning on having this be a new experience. I wanna stand out and make an impact on the community. I wanna do something that makes both me and everyone else happy. I really like this AU, and the people it's based on. And I'll give credit where credit's due. 

I'm sorry if you think that I'm just going to copy him, and maybe I can't change your mind. But I know what I want to do. And I'm gonna keep trying to get Toby's attention so we can discuss permission.

Though, I am starting to doubt the permission thing. I mean, there have been some new Undertale fangames recently.

Oh, nonono, trust me! I do not plan to profit from this! I want people to enjoy it without having to pay anything! I mean, I myself can't afford anything online.

And I'm not gonna do any of that propoganda stuff, either. I'm an innocent civilian!

4 minutes ago, Creepa-Bot Inc. said:

Oh, nonono, trust me! I do not plan to profit from this! I want people to enjoy it without having to pay anything! I mean, I myself can't afford anything online.

And I'm not gonna do any of that propoganda stuff, either. I'm an innocent civilian!

It's still IP infringement regardless of profit or not, and leaves you wide open for a law suit. Unless the IP holder states you're allowed to use their IP for fan based games, then don't do it without written consent.

Lots of a fan games get shut down, it's nothing new. Usually these people receive a C&D letter getting them off unscathed.

Then I'll just keep trying to contact Toby, like I said.

My own spin on what?

47 minutes ago, Creepa-Bot Inc. said:

My own spin on what?

He means a game inspired by Undertale. So similar mechanics or similar aesthetic, but not something that makes direct use of the Undertale IP. 

I would also encourage you to take inspiration from Undertale and do something original. Fan based work can be rewarding, sure, but ultimately, if you want to even share such work, it enters legal problem territory. Taking inspiration and making something original might not be the same as 'fan work', but ultimately you'll have none of the legal issues, nor need to contact the creator, and you can do whatever you want with that original work later on, since you would own that work.

Otherwise you may not be able to make this without being open to a lawsuit. You may not be able to get a hold of the creator, and, honestly, the creator may not approve.