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If that’s the case, I think Windstone needs to change the wording on the repaints. Either say they discourage repaints or take a stand and say “Don’t repaint”. When I hear that they discourage it, I think well, they may not like it, but they won’t do anything about it if you do.
If I hear “Don’t do it or else”, it’s a totally different thing.
They should take the ambiguity out.Phoenix wrote:If that’s the case, I think Windstone needs to change the wording on the repaints. Either say they discourage repaints or take a stand and say “Don’t repaint”. When I hear that they discourage it, I think well, they may not like it, but they won’t do anything about it if you do.
If I hear “Don’t do it or else”, it’s a totally different thing.
They should take the ambiguity out.I don’t follow you. đ The official stance has always been that they heavily discourage them. The “don’t do it or else” has only applied when individuals have (unwittingly!) crossed the line from it being a repaint to it being an infringement of Windstone’s rights. Windstone’s look is protected, and they must actively protect their legal rights or they could lose them.
I am not the official Word of Windstone- only John and Melody are… but essentially, what they are saying in layman’s terms is this: “please don’t repaint and sell them or post photos. It makes it a million times harder on us to decipher fakes from repaints and gets into the grey area of double copyrights. It also creates a headache later on if we do a color similar to your repaint.”
However, if you cross the line and your repaint starts to look like an official Windstone (yes– this includes the gold markings!) either in color or style, then they will ask you to stop.
The repaint thing will always be a bit vague and ambiguous. There is no getting around it because it is an untested part of the law… and I’m pretty sure no one here wants to put it to the test!! It’s not clear cut black and white. The issue is complicated and controversial and just overall a huge pain. This has come up several times over the last two years and each time people on ‘both sides’ of the issue have good points, but in the end the answer remains the same, and just as vague.
All I can say is that it’s best if you don’t do them. If you do, you shouldn’t sell or post photos. If you do sell or post photos, then you’d better be sure it doesn’t look anything like an official Windstone! đ
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My art: featherdust.comPhoenix wrote:If that’s the case, I think Windstone needs to change the wording on the repaints. Either say they discourage repaints or take a stand and say “Don’t repaint”. When I hear that they discourage it, I think well, they may not like it, but they won’t do anything about it if you do.
If I hear “Don’t do it or else”, it’s a totally different thing.
They should take the ambiguity out.*agrees with Phoenix*
If it’s legal to repaint a windstone and sell it as a repaint, then I would like to repaint the Kinglet and resell him (if I am not satisfied with my restoration attempt in the end). But if Windstone Ed. considers it illegal to repaint and resell (even when marked as a repaint), then I won’t do it. And if it is really considered illegal, copyright infringement, etc, then it would be nice if Windstone could put its foot down on the issue. I argree with Phoenix, that when they just say they “discourage it”, it makes it sound like, although they don’t support the practice, it would not be illegal to do it.Quote:If you do sell or post photos, then you’d better be sure it doesn’t look anything like an official Windstone!
Would silver be considered “looking like an official Windstone”? I was thinking siver, with black antiquing, and maybe some pearl “shading” or interference paint or something on the scales..
Pam Thompson wrote:Phoenix wrote:If that’s the case, I think Windstone needs to change the wording on the repaints. Either say they discourage repaints or take a stand and say “Don’t repaint”. When I hear that they discourage it, I think well, they may not like it, but they won’t do anything about it if you do.
If I hear “Don’t do it or else”, it’s a totally different thing.
They should take the ambiguity out.*agrees with Phoenix*
If it’s legal to repaint a windstone and sell it as a repaint, then I would like to repaint the Kinglet and resell him (if I am not satisfied with my restoration attempt in the end). But if Windstone Ed. considers it illegal to repaint and resell (even when marked as a repaint), then I won’t do it. And if it is really considered illegal, copyright infringement, etc, then it would be nice if Windstone could put its foot down on the issue. I argree with Phoenix, that when they just say they “discourage it”, it makes it sound like, although they don’t support the practice, it would not be illegal to do it.Quote:If you do sell or post photos, then you’d better be sure it doesn’t look anything like an official Windstone!
Would silver be considered “looking like an official Windstone”? I was thinking siver, with black antiquing, and maybe some pearl “shading” or interference paint or something on the scales..
PLease see my post above.
They ask that you not sell repaints as it causes them a lot of problems, but it’s not illegal in of itself.
It only becomes potentially illegal/an infringement once the repaints start picking up traits, style, look, coloration… etc.. anything that has the Windstone look to it. There are NO clearcut guidelines as to exactly what the Windstone look constitutes as Trade Dress does not necessarily work that way. An example though, is the unique airbrush shading Windstones employ, the gold markings in the same areas on Windstones, the turquoise and purple markings on some of the older colorations, etc.
Edit: This does not just apply to repaints, but applies to PYOs and all dragon/kirin/etc figurines as well. This is why Windstone can go after that company that sells dragons where their sculpting is different from Windstones, but they employ the peacock coloration and look. That look is protectable.
Does that make sense?
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My art: featherdust.comPam Thompson wrote:Would silver be considered “looking like an official Windstone”? I was thinking siver, with black antiquing, and maybe some pearl “shading” or interference paint or something on the scales..
You’ll have to contact John for that question, he’d be the final say. I’m not sure, because Melody has painted silver dragons with black antique before.
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My art: featherdust.comHow big are the paint chips? Peacock Kinglets are really hard to come by and I’m sure someone would be willing to buy him *cough*
Siberakh, you need a cough drop! LOL đ
The thing is, even if Windstone put their foot down and had legal documentation as to NO Repatins whatsoever, ppl out there will still do them. Hopefully they would only be doing them for themselves but as we have all seen way too many times, other companies out there already try to copy the coloration and positioning of the Windstones. And, make fake molds from original Windstones. That is a lot more work than someone taking a piece they arleady have and repainting it.
Again, I side with whatever Windstone wants, but like I said, regardless of whats marked as a rule, it will be broken regardless (taking a cue from the music and movie bootlegging industry, in a related way).
Nambroth wrote:Pam Thompson wrote:Would silver be considered “looking like an official Windstone”? I was thinking siver, with black antiquing, and maybe some pearl “shading” or interference paint or something on the scales..
You’ll have to contact John for that question, he’d be the final say. I’m not sure, because Melody has painted silver dragons with black antique before.
I probably would be a no. If it looks like it COULD be a windstone paint job, regardless of color, it would probably be a no. đ So sorry, I’ve been there. đ You could probably sell him nicely even chipped, I know several would love to have him, I would! đ
Well, here is his damage..
– One very large paint chip smack on the tip of his nose. Attempts to repaint this area have only made things worse. At its best, I’ve only gotten the color there to look like a dusly version of the original
– One small paint chip on the edge of the right nostril
– Three very small paint chips above the left eye
– Two very small paint chips above the right eye
– A paint rub on the left horn (painted over now, so you can’t tell it was there)
– One paint chip on one of his fingers
– Both middle toes were at one time broken off and glued back on, but it is hard to tell, especially on the right foot
– Various tiny areas on the claws where the gold paint has rubbed or flaked off
– There are some black speckles on top of the egg. Not sure where they came from. It isn’t bad, but its not hard to find eitherSo, what do you think I could get for him like that? I want more than what I paid for him (which was $55 total). I really want at least $100 but I don’t know if he is worth that much anymore. I can post pics of the damage if you all want. The nose is the biggest issue he has. I can continue trying to repair it, or I can auction him off as is and include the touch up paint so the new owner can deal with it.
Well then, post photos please! đ I’m curious to see the extent of the damage, and I know that other folks are also interested in this little guy. Probably there are at least three or four of us who want a peacock Kinglet badly enough to be game for a repair challenge, but it’d be good to know what we were getting into . . . đ
Well, if you have a PYO, youâre also not allowed to use any Windstone colors.
So, as a repaint artist, I am taking it that we:
1. Label it as a repaint, show before and after if the repaint/ repairs
2. Sell it in the knowledge that it is in fact repainted.
3. Do not follow any windstone color schemes (like released series)
4. When selling, donât lie to buyer, make sure they know it is a repaint, and are buying it for your work, not because they think itâs a windstone original.Would the label on the sale be âRepainted Windstone Dragon, non- original colorâ ?
I am just making sure to be precise, as to not have any legal issues.
I wish PYO had all options available to us, which is why I am so keen to paint different shapes of dragons etc.Ty for reading this, if anyone sees this. I know this thread is older!
K. A. Moreno
Well, if you have a PYO, youâre also not allowed to use any Windstone colors.
So, as a repaint artist, I am taking it that we:
1. Label it as a repaint, show before and after if the repaint/ repairs
2. Sell it in the knowledge that it is in fact repainted.
3. Do not follow any windstone color schemes (like released series)
4. When selling, donât lie to buyer, make sure they know it is a repaint, and are buying it for your work, not because they think itâs a windstone original.Would the label on the sale be âRepainted Windstone Dragon, non- original colorâ ?
I am just making sure to be precise, as to not have any legal issues.
I wish PYO had all options available to us, which is why I am so keen to paint different shapes of dragons etc.Ty for reading this, if anyone sees this. I know this thread is older!
Yes, always mark it very clearly as a repaint. Sometimes people have said that the repaints are only for their collections and then something happens and a repaint shows up for sale. They can cause all kinds of confusion!
On a related topic – if a damaged Windstone has been repaired, especially if it is a major repair, the pad should be clearly marked that the piece is Repaired.
And just as a reminder we have Item #13 in the Forum Rules and Guidelines:
“Donât post pictures of repaints. Repainting a non-PYO Windstone is not illegal, but Windstone Editions strongly discourages it and does not support repaints as they create confusion about Windstoneâs official products. We ask that you not post pictures of non-PYO (Paint Your Own) repaints on the Forum. Furthermore, you may not offer (for sale, trade, etc.) non-PYO repaints or offer to repaint a non-PYO Windstone using this Forum. Note: Repairing and restoring damaged Windstones to near factory condition and color is not considered ârepaintingâ.”
Thank you for following the rules!
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