Report Windstone Fakes/Knock offs/Infringment Pls read first

[Anna]

Well, “kinglet” by itself is the name of a bird, so I can’t imagine that’s trademarked. But maybe it could be trademarked in reference to dragons? I dunno. Not sure how these things work.

[ForestDragon]

I believe the mostly final verdict from Melody is that “kinglet” is not copyrighted.

[Jennifer]

StellarWing wrote:

Well, “kinglet” by itself is the name of a bird, so I can’t imagine that’s trademarked. But maybe it could be trademarked in reference to dragons? I dunno. Not sure how these things work.

That’s the strange thing with trademark! You can trademark ‘common’ words when used in conjunction with your specific product and brand. For example, ‘Delta’ is obviously a word/symbol that has been around since ancient Greece and ‘belongs’ to no one, however the airline uses it in conjunction with their product and thus ‘Delta’ and their take on the delta symbol is trademarked by their company… when representing their product (airlines). There are also Delta Faucets, Delta Dental, etc…. I hope that makes sense. 🙂

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[Jamie]

Hi guys. I came across this site and thought it so weird that they “renamed” the dragons and didn’t mention the artist (our beloved Ms. Pena) at all?? Not sure if it’s ever been mentioned before?

http://www.sacredmists.com/statuary-dragon-statuary.html

I certainly wouldn’t buy from them. (I’m also now doubting the rest of their site) 👿

[Jennifer]

safyre_dream wrote:

Hi guys. I came across this site and thought it so weird that they “renamed” the dragons and didn’t mention the artist (our beloved Ms. Pena) at all?? Not sure if it’s ever been mentioned before?

http://www.sacredmists.com/statuary-dragon-statuary.html

I certainly wouldn’t buy from them. (I’m also now doubting the rest of their site) 👿

That one I am totally not sure about!! I think that is a John/Melody question. I don’t know if that is okay or not!

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[ForestDragon]

This has already been sent to John. It looks familiar, yes?
http://cgi.ebay.com/Baby-Dinosaur-Hatching-Egg-Cast-Iron-Bank-NEAT-/350406042650?pt=LH_DefaultDomain_0&hash=item5195d3e41a

[ForestDragon]

Random question time…
Not that I am trying to be evil and tell people what they can and can’t draw…
What are the policies regarding people posting, lets say, a drawing of a Windstone sculpture and posting it in a gallery?

Like this:
http://www.elfwood.com/~turnbull/Scratching-Dragon.3303876.html

The artist does give credit in the description for her reference but I don’t know how that works with copyright stuff. Figured I’d ask since I am on a couple of fantasy art sites and I do searches periodically, mostly for inspiration and to see what other people are doing.

I think this is against the Elfwood rules anyway. I don’t like to cause trouble. I tried to talk to an artist (private messaging at that) regarding a picture that she had pretty much copied from a copyrighted picture (a Sue Dawe picture) and she got all up in arms and angry that I should dare to say she “copied” the picture (which she had and altered slightly a couple of things, you could hold them side by side and see). I was trying not to report her but she was taking credit for someone else’s work and not giving credit even for her reference.
*sigh* Anyway…I obviously have too much time on my hands at the moment. 😕

[Tyrrlin]

ForestDragon wrote:

Random question time…
Not that I am trying to be evil and tell people what they can and can’t draw…
What are the policies regarding people posting, lets say, a drawing of a Windstone sculpture and posting it in a gallery?

Like this:
http://www.elfwood.com/~turnbull/Scratching-Dragon.3303876.html

The artist does give credit in the description for her reference but I don’t know how that works with copyright stuff. Figured I’d ask since I am on a couple of fantasy art sites and I do searches periodically, mostly for inspiration and to see what other people are doing.

I think this is against the Elfwood rules anyway. I don’t like to cause trouble. I tried to talk to an artist (private messaging at that) regarding a picture that she had pretty much copied from a copyrighted picture (a Sue Dawe picture) and she got all up in arms and angry that I should dare to say she “copied” the picture (which she had and altered slightly a couple of things, you could hold them side by side and see). I was trying not to report her but she was taking credit for someone else’s work and not giving credit even for her reference.
*sigh* Anyway…I obviously have too much time on my hands at the moment. 😕

Her “Dragon Mates” pic is also based off of Windstones, but I can’t remember which ones.

Windstone collector in remission. 😉

[Jennifer]

ForestDragon wrote:

Random question time…
Not that I am trying to be evil and tell people what they can and can’t draw…
What are the policies regarding people posting, lets say, a drawing of a Windstone sculpture and posting it in a gallery?

Like this:
http://www.elfwood.com/~turnbull/Scratching-Dragon.3303876.html

The artist does give credit in the description for her reference but I don’t know how that works with copyright stuff. Figured I’d ask since I am on a couple of fantasy art sites and I do searches periodically, mostly for inspiration and to see what other people are doing.

I think this is against the Elfwood rules anyway. I don’t like to cause trouble. I tried to talk to an artist (private messaging at that) regarding a picture that she had pretty much copied from a copyrighted picture (a Sue Dawe picture) and she got all up in arms and angry that I should dare to say she “copied” the picture (which she had and altered slightly a couple of things, you could hold them side by side and see). I was trying not to report her but she was taking credit for someone else’s work and not giving credit even for her reference.
*sigh* Anyway…I obviously have too much time on my hands at the moment. 😕

The reason we cannot post ‘fan art’… drawings of Windstone Sculptures, here, is because it is technically a breach of Windstone’s Trade Dress, where they own the overall look of the sculpture. So, unfortunately, it is technically an infringement to publish (posting to the internet is legally publishing) drawings, paintings, or any other media copied from a Windstone.
Though it is nice that she gives credit, attributing the original artist doesn’t make it legally right if it is done without permission.

Is it a big deal? I don’t know… that’s John’s decision.

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[ForestDragon]

Ok, I’ll drop him a line about it. Just for, um, fun, I did a search for “windstone” on Elfwood and found a few more Windstone referenced arts. Should I send those as well? Ugh. I am almost sorry I even looked. 🙁

[Hannah]

Hey guys, I think I already saw this reported a while back but it was gone from this lady’s store for a while and now it’s back 🙁

http://www.etsy.com/listing/55834943/dragon-sculpture-handmade-fantasy-garden

I have NOT emailed John as I wasn’t sure if it needed to be reported again. It just infuriates me to see this stuff..

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[Jerusha]

I saw this on Craigslist this morning:

http://spokane.craigslist.org/clt/2127271020.html

While it is not a retailer or artist, it strikes me that the general design of the dragons and egg are strikingly close to Windstone style. It might be worth at least telling the seller they aren’t selling a Windstone: and at most, finding out the original manufacturer and doing something about the piece itself. I don’t know enough about copyright infringement to know whether the sculpture style crosses the W.E. line :shrug: but thought I’d just let y’all know.

Merry Holiday, everyone! :bye:

[KoishiiKitty]

I’m dumb struck! I looked at the persons website and found a better larger photo. It looks like a hatching empress egg that got reconstructed and the three different hatcher dragons got scultped together by some one! Some of those feathers look like they were copy and pasted together…wierd….I’d almost want to get it just for the wierdness(but I won’t.)
I like thier little griffs.

[Jennifer]

This looks like something that should definitely be sent to John; if nothing else then for him to tell the shop owner to not list it as a Windstone (though I strongly suspect that it’s infringement– not the shop owner’s fault though unless they make the dragons).

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[Pam]

We have some of those here at the shop!

[Author]

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