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KoishiiKitty wrote:
I don;t no. i look at it as a challenge to think out of the box. shade and color combose are infinate. I can think of a few ways to paint a silver dragon with out it looking like the windstone version.
Exactly! There are lots of ways to do certain colors together.
No one owns the color silver. However, if you paint a dragon silver, and give him gold accents, and shade him in the way a Windstone silver dragon is shaded… that’s when you might approach problems.
The dragons that are single colors… well no one owns the color emerald either. However, a dragon painted in that exact tone with the darker shading and the gold highlights and so and and so on… That’s a problem.
Does that make sense? 🙂
For example, a company produced a dragon sculpture, looked nothing like a Windstone, but they used the same exact shades of browns and orangey colors as a Windstone “old” brown dragon. They even did the gold accents and the little turquoise accents. Something like that is for sure a problem and Windstone did pursue that one. In the end it was agreed that the company could continue to make the dragon, but NOT in Windstone’s color scheme.
As long as your dragons are done in a different style you are okay! You will have much more personal pieces if you create your own colors. Some artists have a personal color palette of their own individually mixed colors and that can be a real ‘trademark’ to your style. 🙂
The colors such as peacock, black gold, emerald peacock, black emerald peacock, violet flame, etc etc… those particular color combos with the shading just so are easily protected. So shy away from painting a dragon black with gold/red/purple hues on the insides of the wings and on the belly, etc…. I hope that makes sense?
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My art: featherdust.comJennifer wrote: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.
Late reply to this (haven’t been around) but… I’m confused with this. I know it was stated before, but I also have seen forum members painting PYOs to look like production pieces. I’ve seen a Black gryphon pyo and a Peacock dragon pyo.
So… I’m just confused then lol.I’ve seen some that are close as well, but I don’t think they were close enough style wise. The colors were there, but in different places.
At some point, and I think we’re getting there, color schemes are just going to overlap. No one can own a color or a pattern, but I guess you can own a color and a pattern?Phoenix wrote:No one can own a color or a pattern, but I guess you can own a color and a pattern?
Windstone can, because they have a protection in additional to normal copyrights. It’s called TRade Dress and essentially protects the very ‘look’ of their products- so yes, they do own their colors and patterns. 🙂 For example, the Peacock or Black Gold coloration, in the way that it is applied, belongs legally to Windstone.
Kujacker wrote:Jennifer wrote: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.
Late reply to this (haven’t been around) but… I’m confused with this. I know it was stated before, but I also have seen forum members painting PYOs to look like production pieces. I’ve seen a Black gryphon pyo and a Peacock dragon pyo.
So… I’m just confused then lol.If they were doing it to intentionally match, then that is not okay.
Windstone has had to remove auctions in the past due to this- someone painted a PYO dragon to look like one of the official Secret Keeper colors and that was definitely not okay.Volunteer mod- I'm here to help! Email me for the best response: nambroth at gmail.com
My art: featherdust.comthere were some painted before the members on the forum knew that it was not ok to paint a pyo like a production piece too.
Jennifer wrote:Phoenix wrote:No one can own a color or a pattern, but I guess you can own a color and a pattern?
Windstone can, because they have a protection in additional to normal copyrights. It’s called TRade Dress and essentially protects the very ‘look’ of their products- so yes, they do own their colors and patterns. 🙂 For example, the Peacock or Black Gold coloration, in the way that it is applied, belongs legally to Windstone.
Okay. Now I’m getting confused. Are you agreeing with me, or saying Windstone can own just the color emerald? Am I allowed to paint an emerald PYO using a different pattern than Windstone does? Like the gold highlights placed where windstone places them. Or is emerald just outlawed?
I always thought it was a combination of the color AND style. Not just color OR style.
This does get confusing doesn’t it.Phoenix wrote:Jennifer wrote:Phoenix wrote:No one can own a color or a pattern, but I guess you can own a color and a pattern?
Windstone can, because they have a protection in additional to normal copyrights. It’s called TRade Dress and essentially protects the very ‘look’ of their products- so yes, they do own their colors and patterns. 🙂 For example, the Peacock or Black Gold coloration, in the way that it is applied, belongs legally to Windstone.
Okay. Now I’m getting confused. Are you agreeing with me, or saying Windstone can own just the color emerald? Am I allowed to paint an emerald PYO using a different pattern than Windstone does? Like the gold highlights placed where windstone places them. Or is emerald just outlawed?
I always thought it was a combination of the color AND style. Not just color OR style.
This does get confusing doesn’t it.Basically, anything that can be mistaken for a Windstone is not allowed. Color patterns etc. Windstone cannot claim the color green. If you bought that color, though, and painted a dragon with it, gave it gold highlights and some distinct shading, that would infringe on Copywrite. Doesnt matter if it was intentional or not. Its like breaking a law. Just cuz you didnt know the law, doesnt excuse you from the crime. Im not trying to answer for Nam, but I understood what she was saying since I went through this when the PYOs first came out. 🙂I know people who have done paint jobs that match Windstones. I do know that they know they cant legally sell them.
Ski got it right! 🙂
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My art: featherdust.comQuote: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.
I’m sorry but this still confuses me a bit… so if you paint something that Windstone HASN’T done, but it looks like they could have done it, that is infringing on copyright? I mean, it doesn’t look like any of the production colors, it’s a different color that you haven’t done, say… ah…. I don’t know what you have and haven’t done so I won’t give an example, but if the shading, detailing, etc, looks like something Windstone *MIGHT* have done, then it’s infringing?
If that’s the case, then alot of these pieces I saw in the gallery should be removed for “infringing on copyright”.
Not to sound rude, but that particular statement really confused me.
Dragon87 wrote:Quote: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.
I’m sorry but this still confuses me a bit… so if you paint something that Windstone HASN’T done, but it looks like they could have done it, that is infringing on copyright? I mean, it doesn’t look like any of the production colors, it’s a different color that you haven’t done, say… ah…. I don’t know what you have and haven’t done so I won’t give an example, but if the shading, detailing, etc, looks like something Windstone *MIGHT* have done, then it’s infringing?
If that’s the case, then alot of these pieces I saw in the gallery should be removed for “infringing on copyright”.
Not to sound rude, but that particular statement really confused me.
It is complicated and confusing. I regret that. However, I think you are misunderstanding… In my quote, I was talking about repainting a production Windstone, not painting a PYO. PYOs are a separate line…
Okay, here is an example. We had a member (who did not know she was doing anything wrong and all is now smoothed over!) that was repainting production Windstone pieces. She was using an airbrush and was shading the Windstones in a way- that though she was not using Windstone colors- the way she was applying them was something that to date only Windstone has done. These pieces were so close in style to official Windstone paint schemes that even seasoned collectors have mistaken them for ‘special’ official Windstone paint schemes (which they are not).
The Paint-Your-Own line is completely seperate than the production line. You can plaint on PYOs in any style and as long as you do not paint them in colors that are too close to official Windstone colors (e.g ‘peacock’) then that is at this time okay.
Does this make sense? 🙂
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