It really should be more common place for companies to use fan stuff but unnecessary red tape, whiny shareholders, backwards thinking and all prevents it.
It's ****ing pathetic if you ask me.
I'm not in the legal know, so I personally won't speak to it extensively, but yeah, there's a bit of an outdated mentality when it comes to fan projects these days.
The internet and progression of technology making it easier than ever to learn how to make video games, and the possibilities of being a one person team thanks to advanced technology and programming QoL improvements make people want to be creative for the things they enjoy. I wish there wasn't as much red tape involved, but alas, it's a complicated topic and has valid points of view on both sides.
At the very least, the current Sonic community manager's "totally not a response but actually totally a response to Sonic Omens' Patreon blundering" gives me hope things are slowly changing. Even Square Enix is embracing the concept of fan passion nowadays, so there is some hope.