Unfortunately, in practice, because of the way the legal system works, your question doesn't have a straight answer. Even if you follow the law and get proper

Unfortunately, in practice, because of the way the legal system works, your question doesn't have a straight answer. Even if you follow the law and get proper legal advice, you can still be sued, and what happens afterwards will depend on the specific situation, how much money you have, how competent your attorneys are and whether you decide to settle or go all the way to trial. Hence, for it to be worth doing, you probably need to make a lot of money with your derivative work, and have very good counsel.