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azdesertgirl wrote:
Okay, but it would be alright to repaint say a peacock mother in whatever color so long as it is noted that the item has been altered by “x” artist… Yes?
As pegasi says, repaints of any kind (except on PYOs) are heavily discouraged.
It’s a complicated issue.
Repainting production pieces is not illegal. But it causes a real legal headache for Windstone as it makes it really hard to keep track of- even if the piece is marked in some way, if it trades hands down the line and it goes on eBay, it could easily be mistaken for a rip-off by Windstone, which they’d have to police.
It is never okay to repaint a Windstone in a way that makes it look like a different official Windstone color or in a way that makes it look like it could be an official Windstone paint scheme. Along these lines, it is never okay to paint a PYO so that it appears to be the same as an official Windstone paint scheme.
Examples: It is illegal to repaint (for example) a peacock emperor dragon in a way that makes it look like, say, a black gold dragon.
It is also illegal to paint a PYO dragon to look like a peacock, black gold, emerald peacock, ruby, etc etc.This includes any of the special or OOAK pieces Melody, Olimpia or myself have painted.
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My art: featherdust.comI was also told that removing a uni pyo horn and turning it into a horse is not allowed. Decorations are allowed, though. I dont remember who did the pink wolf with all the rhinstones, but that was def decorated!
skigod377 wrote:I was also told that removing a uni pyo horn and turning it into a horse is not allowed. Decorations are allowed, though. I dont remember who did the pink wolf with all the rhinstones, but that was def decorated!
Wasn’t that Watergazer, too? I think she said she painted it while on pain meds. 😆
Jennifer wrote:azdesertgirl wrote:Okay, but it would be alright to repaint say a peacock mother in whatever color so long as it is noted that the item has been altered by “x” artist… Yes?
As pegasi says, repaints of any kind (except on PYOs) are heavily discouraged.
It’s a complicated issue.
Repainting production pieces is not illegal. But it causes a real legal headache for Windstone as it makes it really hard to keep track of- even if the piece is marked in some way, if it trades hands down the line and it goes on eBay, it could easily be mistaken for a rip-off by Windstone, which they’d have to police.
It is never okay to repaint a Windstone in a way that makes it look like a different official Windstone color or in a way that makes it look like it could be an official Windstone paint scheme. Along these lines, it is never okay to paint a PYO so that it appears to be the same as an official Windstone paint scheme.
Examples: It is illegal to repaint (for example) a peacock emperor dragon in a way that makes it look like, say, a black gold dragon.
It is also illegal to paint a PYO dragon to look like a peacock, black gold, emerald peacock, ruby, etc etc.This includes any of the special or OOAK pieces Melody, Olimpia or myself have painted.
There is only one problem with that, eventually someone somewhere is going to have the same idea for a paint job that you or the others who officially paint for Windstone. What then? Especially if they paint it before you guys do, but then you paint one like it and make it official, how can you prosecute someone for thinking of it first?
It’s only a matter of time before someone does, especially if the OOAK’s continue like they have, sooner or later someone somewhere is going to come up with a similar color scheme to something Windstone does without intending to. What then?
Perhaps those of us painting PYOs need to date each one just to defend ourselves should that kind of thing happen, so we can prove it was painted before Windstone came up with the color scheme, because going after someone for thinking it up first would be really unfair.
Kyrin
Here is a silver curlie and a PYO dragon that I painted in March 2007 before the silver dragons came out… Its close…
Serenity wrote:Here is a silver curlie and a PYO dragon that I painted in March 2007 before the silver dragons came out… Its close…
Yeah, strikingly so…close enough as to make little difference really. But you’ve got proof of when you painted him, so it wouldn’t be fair for them to get upset with you about it now.
But that just proves my point.
Kyrin
Kyrin wrote:Serenity wrote:Here is a silver curlie and a PYO dragon that I painted in March 2007 before the silver dragons came out… Its close…
Yeah, strikingly so…close enough as to make little difference really. But you’ve got proof of when you painted him, so it wouldn’t be fair for them to get upset with you about it now.
But that just proves my point.
Kyrin
That is why I posted the picture… plus, its in the gallery here… so I doubt this one would cause a fuss. 😉
lamortefille wrote:skigod377 wrote:I was also told that removing a uni pyo horn and turning it into a horse is not allowed. Decorations are allowed, though. I dont remember who did the pink wolf with all the rhinstones, but that was def decorated!
Wasn’t that Watergazer, too? I think she said she painted it while on pain meds. 😆I think so! It was her or Dragon feathers… no I am pretty sure you are right. It was Watergazers style, besides all the trinkets on it. I think it came out right around Valentines day, too.
I have a rainbow Dragon very similar to the Windstone Rainbow colour, starts in nice rich reds on the dragons chest feet and snout and then fades through the colours to a rich purple and green, basically the same as Windstones. But then it is rainbow cant really change the order of the colours can you….
Kyrin wrote:There is only one problem with that, eventually someone somewhere is going to have the same idea for a paint job that you or the others who officially paint for Windstone. What then? Especially if they paint it before you guys do, but then you paint one like it and make it official, how can you prosecute someone for thinking of it first?
It’s only a matter of time before someone does, especially if the OOAK’s continue like they have, sooner or later someone somewhere is going to come up with a similar color scheme to something Windstone does without intending to. What then?
Perhaps those of us painting PYOs need to date each one just to defend ourselves should that kind of thing happen, so we can prove it was painted before Windstone came up with the color scheme, because going after someone for thinking it up first would be really unfair.
Kyrin
I totally understand, and I don’t have an answer for you on that. Only John can answer something like that. This is a problem that Windstone was worried about when they released the PYO line… the PYO line causes them a lot of problems, but at the same time they were trying to give collectors an outlet for painting Windstones.
They could pull the PYO line- that’d save them worlds of headache. But how sad would that be? 🙁
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My art: featherdust.comJust had a thought- I didn’t mean to cause alarm. As far as I know the PYOs aren’t going anywhere… I was just trying to emphasize how complicated and problematic issues like this get. :/
Volunteer mod- I'm here to help! Email me for the best response: nambroth at gmail.com
My art: featherdust.comskigod377 wrote:lamortefille wrote:skigod377 wrote:I was also told that removing a uni pyo horn and turning it into a horse is not allowed. Decorations are allowed, though. I dont remember who did the pink wolf with all the rhinstones, but that was def decorated!
Wasn’t that Watergazer, too? I think she said she painted it while on pain meds. 😆I think so! It was her or Dragon feathers… no I am pretty sure you are right. It was Watergazers style, besides all the trinkets on it. I think it came out right around Valentines day, too.
Here it is in all it’s glory:-)
http://www.watergazersden.com/node/33304
Water doesn’t post here much, but I keep up to date with how she is via her Forum. http://www.watergazersden.com/forum if anybody is interested….
I have concerns with color copyright myself…Where I’m sculpting and selling stuff it is a concern. I don’t want to copy, but at the same time I may want to do a silver dragon someday…but how to do it without it looking like windstone’s? It’s only natural to shade silver with black, so it looks like a darker silver…and shading with other colors looks kinda gross, or changes the entire color of the dragon….I’ve tried it. Eventually windstone will have tried enough color combos and paint schemes that anyone else painting a dragon will feel legally squeezed…for lack of a better term. Just my two cents. 🙂
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