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Hi guys!
Recently a few of you have been painting PYOs with logos and such; mostly themed after your favorite sports teams! This is a very fun thing to do.
I do however want to touch on one thing about posting images of these to the forum: because these logos are registered trademarks and are legally protected, we cannot allow you to post photos that contain the logo on the forums or the Windstone gallery! This isn’t us trying to be mean… we are just trying to be sure we honor these legally registered trademarks. It would be hypocritical to not uphold the legal rights of others when Windstone fights so hard to protect their own legal property.
What you do with the pieces that have a logo painted on them is totally up to you; I know in reality many, many people disregard the trademarked logos and use them on all sorts of things and no one raises a fuss! However, other people will do what they do but it is not acceptable here. I am not saying you cannot paint what you please; you simply may not display photos here on the Windstone forums of a PYO that shows the legal property of others such as sports logos (e.g. The Buffalo Bills logo which is trademarked to the NFL).
I hope everyone understands…!
Note that if you want to share photos of a themed PYO that does not show the logo, that should be fine. 🙂I’ll give a few days grace period before I will remove photos that show the logos.
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My art: featherdust.comVolunteer mod- I'm here to help! Email me for the best response: nambroth at gmail.com
My art: featherdust.comI have an important question that I do not find any answers or references to anywhere in the forum topics:
I notice both here, and on other sites having to do with PYO’s; no images of paints with different eyes other than what you offer that come with the blank PYO one orders. I hand cast eyes for many Windstoners’ PYO projects, but never see them! Is there some sort of copyrite infringement regarding this?
I really need to know about this issue soon. I plan to start working on my own various PYO’s and want to post my finished pieces in the PYO gallery. I intend to use my own cast eyes because I want something other than the very limited colors and pupil type you have to offer, this includes the crystals that many PYO’s come with as well.Can someone shed light on this topic for me? …It would be greatly appreciated! Thanks
Oh….a side note on the logo thing, which I ran into as a cake decorator…..It is not wise to sell anything with a registered trademark on it, so I’d recommend against putting any trademarked logo themed pieces up on ebay, just as a cautionary thing.
As a cake decorator, we’d often have people request logos of stuff put freehand on cakes…which we legally could not do. IF the company SENT us items (like little toys or football helmets or whatever) with said logo on it, that was fine…but they get part of their funding from those sales and it was ok’d by them. Didnt matter if it were just going to be eaten afterwards….profits obtained via the use of someone else’s logo is a can of worms best left alone.
Dreaming Tree Studio wrote:I have an important question that I do not find any answers or references to anywhere in the forum topics:
I notice both here, and on other sites having to do with PYO’s; no images of paints with different eyes other than what you offer that come with the blank PYO one orders. I hand cast eyes for many Windstoners’ PYO projects, but never see them! Is there some sort of copyrite infringement regarding this?
I really need to know about this issue soon. I plan to start working on my own various PYO’s and want to post my finished pieces in the PYO gallery. I intend to use my own cast eyes because I want something other than the very limited colors and pupil type you have to offer, this includes the crystals that many PYO’s come with as well.Can someone shed light on this topic for me? …It would be greatly appreciated! Thanks
I would contact John at Windstone. There are some people that post pictures of pieces with other eyes (most recently, Yeral’s zombie keepers), so it might just be there there simply aren’t that many people that post pictures of their work.
Dreaming Tree Studio wrote:I have an important question that I do not find any answers or references to anywhere in the forum topics:
I notice both here, and on other sites having to do with PYO’s; no images of paints with different eyes other than what you offer that come with the blank PYO one orders. I hand cast eyes for many Windstoners’ PYO projects, but never see them! Is there some sort of copyrite infringement regarding this?
I really need to know about this issue soon. I plan to start working on my own various PYO’s and want to post my finished pieces in the PYO gallery. I intend to use my own cast eyes because I want something other than the very limited colors and pupil type you have to offer, this includes the crystals that many PYO’s come with as well.Can someone shed light on this topic for me? …It would be greatly appreciated! Thanks
As far as I’ve seen said in the past, the only restrictions that we have regarding the way that we paint our PYOs is that they must not be painted specifically to resemble production colors. These colors (if I remember correctly) are copyrighted to Windstone specifically, and using them can cause issues (said issues are better explained by someone else!). Other than that, and other than say – snagging a mold from any sculpt and trying to cast your own to sell them – I believe what we do with our PYO’s is totally up to us. I don’t think there’s any type of infringement for using eyes cast by a different company or different colored gems. In fact, I may be wrong here, but I think that may be to their advantage in the long run because it would be even harder to try to pass a PYO for a Windstone Artist’s Edition or something of the like with eyes that look completely non-Windstonian!
Personally, I have a ba-zillion eye choices!! I buy sculpts from Windstone and just randomly select eye colors because I purchase my eyes from other sources as well (yours included!). If you don’t see your eyes in my sculpts for a while it’s just because I thought some other color looked better in the one I was painting at the time. But in any case – I don’t think there’s anything wrong with putting custom eyes in a sculpt as far as legality goes. Melody saw my Zombie Keeper (which has your custom eyes in it, and also a gem that’s not available from Windstone), and she just laughed 😀
Here’s a bad cell phone picture, but you’ll get my point:
I bet you can’t guess how many actual sculpts I have that need eyes (four).. yeah.. and these are JUST my 11mm’s 😆
Fun game: How many pairs of these were actually made at Windstone?*Seven*
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Please visit My Webpage to see my art and PYO's that I've done in the past!It can be hard to tell….But I see those I sold to you!!! XD Yeps, The only non Windstone eyes I saw were indeed the Zombie ones. I hope the replacements have come for them, I included a free pair of lighter Hollow colored metallics that I think may be very cool to try on her Zombie keepers.
I got some big plans for my PYO’s And I really want to share them here when they are finished! 8)
They didn’t come today, but I’m crossing my fingers for tomorrow!! Thanks so much Amanda, you’ve been awesome <3
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Please visit My Webpage to see my art and PYO's that I've done in the past!I just wanted to add that PYOs are meant to be painted and decorated as we please, so adding stuff like jewels, crystals, wings and I guess eyes is allowed.
The eye thing is recent, though. Before, you received your PYO with eyes glued in, to prevent copying, I think. Some people were brave enough to remove them, but not many. Now that the eyes are no longer glued in, I think people are going to look more into different eyes, but it might take a while before you see the results posted here.
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http://www.sarahjestin.com/feedbacklists.htmYeral wrote:They didn’t come today, but I’m crossing my fingers for tomorrow!! Thanks so much Amanda, you’ve been awesome <3
I hope your client doesn’t mind waiting until they come, I think you may really like the Freebies better. Maybe paint another Zombie Keeper with them? The crappy winter weather we have been having is really taking shipments longer to come in.
I only received my PYO Muse the other day, and still am awaiting my PYO young Dragon too. Everything seems to be dragging along! 😕
Dreaming Tree Studio wrote:I hope your client doesn’t mind waiting until they come, I think you may really like the Freebies better. Maybe paint another Zombie Keeper with them? The crappy winter weather we have been having is really taking shipments longer to come in.
I only received my PYO Muse the other day, and still am awaiting my PYO young Dragon too. Everything seems to be dragging along! 😕
Nope, she’s been awesome too – I’ve definitely been blessed, every person I’ve ever worked with so far has been fantastic 🙂 I’m excited to see the new eyes though! I’ll take pictures of them when they come in ^^
Dragonmedley – I didn’t even think of it in that way (why the eyes came in before) but that seems like that could definitely be why they did that. I would be so sad if they still came glued in! I generally don’t know what eye color I want until I’m totally done painting the piece! ><
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Please visit My Webpage to see my art and PYO's that I've done in the past!I don’t think that there’s any problem with putting different eyes in. I have approved several pieces in the gallery that have non-Windstone eyes (or so it looks).
However….
dragonmedley wrote:I just wanted to add that PYOs are meant to be painted and decorated as we please, so adding stuff like jewels, crystals, wings and I guess eyes is allowed.
This is partially incorrect. You can paint a PYO however you like as long as it doesn’t infringe on any of Windstone’s color schemes, however modifying the original sculpt by adding, sculpting, removing.. etc… MAY be an infringement.
There is a lot of misunderstanding about this, in general, in regards to art. It’s true, once you buy something it’s yours, but when it comes to art there are some lingering protections that are complicated and sometimes hard to understand. If you were, for example, to sculpt your own addition on to a Windstone PYO (e.g. extra body parts or something) you are technically modifying the sculpture and this can be a breach of Windstone’s trade dress. This is a complicated grey area that I wish I could say “This is okay” and “This is not okay” but… I cannot because I am not a legal voice for Windstone! If you ever plan on physically modifying a PYO (re-carving, sculpting, removing parts, adding parts…) then I’d highly recommend you contact John first as he is the final say on what is okay and what is not.That ramble aside, I don’t see any problem with using different eyes or jewels in a PYO.
Using different eyes or jewels on a NON Paint Your Own Windstones is modifying the original, however, and is in the same league as repainting and is frowned upon– if you ever do this please mark the felt pad in permanent marker because eye color can be a key indicator in identifying rare pieces and can change their value (and can cause confusion, one of our biggest enemies!).
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My art: featherdust.comJennifer wrote:If you were, for example, to sculpt your own addition on to a Windstone PYO (e.g. extra body parts or something) you are technically modifying the sculpture and this can be a breach of Windstone’s trade dress. This is a complicated grey area that I wish I could say “This is okay” and “This is not okay” but… I cannot because I am not a legal voice for Windstone! If you ever plan on physically modifying a PYO (re-carving, sculpting, removing parts, adding parts…) then I’d highly recommend you contact John first as he is the final say on what is okay and what is not.
😳 😳 😳
Perhaps I should email John… (one of my Zombies has “claw marks”)Commission spots are currently closed! Please message me for details.
Please visit My Webpage to see my art and PYO's that I've done in the past!Yeral wrote:Jennifer wrote:If you were, for example, to sculpt your own addition on to a Windstone PYO (e.g. extra body parts or something) you are technically modifying the sculpture and this can be a breach of Windstone’s trade dress. This is a complicated grey area that I wish I could say “This is okay” and “This is not okay” but… I cannot because I am not a legal voice for Windstone! If you ever plan on physically modifying a PYO (re-carving, sculpting, removing parts, adding parts…) then I’d highly recommend you contact John first as he is the final say on what is okay and what is not.
😳 😳 😳
Perhaps I should email John… (one of my Zombies has “claw marks”)That’s minor enough that it is probably all right. 🙂 I think the bigger concern is over people adding an entire new element to the sculpture (such as breaking the wings off and re-sculpting them the way they’d like to) as it becomes a copyright conflict then…
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My art: featherdust.comAhhh I see what you’re saying. Phew!
Commission spots are currently closed! Please message me for details.
Please visit My Webpage to see my art and PYO's that I've done in the past!
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