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“She is ONE OF A KIND AND the “MINI KEEPER” will start just over the amount I paid for her un-painted she has a NO RESERVE and will be SIGNED and NUMBERED by me on the bottom on the Windstone felt. HOWEVER the reason I am auctioning this beauty is due to recent medical bills from a surgery I just had, she will go to help pay for my medical bills.”
Signed and numbered…Does that mean she is going to be making more in this color or just numbering all her PYOs?
“Windstone Dragon is custom & propainted painted by me to look JUST LIKE the “Secret Keeper” but with a few modifications for copyright purposes by using a combination of hand painting with small and tiny brushes, and airbrushing JUST to add highlights.”
The seller admitting to changing the piece slightly tells me she is aware that copying the paint job isn’t kosher. Its up to John to decide what is the appropriate action to take, but I think this auction is a good example of why Windstone had reasonable fears about artists painting Melody’s color schemes on PYOs.
Lokie wrote:Its up to John to decide what is the appropriate action to take, but I think this auction is a good example of why Windstone had reasonable fears about artists painting Melody’s color schemes on PYOs.
The problem in this situation, as I understand it (mind, only John and Melody have the official words on these sorts of things, but it was described to me) is that it causes confusion. If it causes confusion for us avid knowledgeable collectors, imagine someone who only occasionally collects or is new to collecting seeing this auction. Very confusing! And while the seller may not intend it that way (though I have a feeling they did, given their description) something like this, if it occurs often enough, could really hurt Windstone’s image.
I will give an example…
The company my father works for creates specially machined parts and components. They were the only company that made these and their name was associated with quality products. Then a company in Mexico copied the machined parts and used cheap materials and poor worksmanship, and mass produced these copies and resold them globally. People bought these products and though they did not bear the original company name, they assumed them to be the products of my father’s company and as they broke or realized they were poor quality, the name of my father’s company was soiled.(I’m not trying to imply this person’s piece is of lesser quality- I’m just referring to the senario)
The other important part is that my father’s company was unable to uphold their rights (patents) on the machined parts because the market was so confused on the actual product.
I don’t think this sort of thing would happen with one seller, but the truth is that creating (for profit) something like this that confuses the target market is only harmful to the original company.
That said, I hope all is resolved painlessly. 🙂
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My art: featherdust.comYes, I hope it does. It’s situations like this that make me afraid for Windstone and for the PYO painters too, because a few things like this could stop production of PYOs (maybe)…at least that’s one thing I fear. Perhaps this issue needs to be mentioned on the web site just in case…so that other non-forum mebers can know not to step wrong in the future.
Watergazer wrote:Yes, I hope it does. It’s situations like this that make me afraid for Windstone and for the PYO painters too, because a few things like this could stop production of PYOs (maybe)…at least that’s one thing I fear. Perhaps this issue needs to be mentioned on the web site just in case…so that other non-forum mebers can know not to step wrong in the future.
that is what worries me too, I love painting them, but if people continue this then they may have no choice but to stop makeing them
skigod377 wrote:dragonessjade wrote:Has anyone won a auction from this person? I like it kind of looks fishy that they have changed their name every so often.
I think Keplilly won one of their griffins.
Yes, I did win one. Although that was before she changed her username to windstonecreations.
While hiding somewhere in my head I'm on the lookout for white oriental dragons! Please let me know if you know of any available. Thank you!
dragonessjade wrote:Hi Melody…I hope I am not repeating these questions.
I was wondering how you came up with the name: Windstone Editions.
Also I was wondering what happens if someone uses it as a screen name or something like that. Would that be considered a copyright infringment?
Just became aware of this. Use of Windstone or Windstone Editions is a Trademark infringement. Copying our decoration style is a violation of fair trade law and maybe trademark if it can cause confusion. This auction does all of the above and I will ask them to take it down and stop using our name. By the way, we have included the use of gold trim as we apply it to scales and wing edges in our claims in lawsuits. That and patterns of color dots are distinctive features of Windstone Dragons which we wish to protect so please refrain from any copying of Windstone painting when you paint these guys. We will make this more clear to future buyer/painters.
Thanks for the concern. We depend on all of you to help us police the market but we also realize that we will have to educate those who don’t know what is OK and what is not. And we certainly don’t want to kill the fun everyone is having with these.
ddvm wrote:I completely agree that it is wrong to infringe on Melody’s copyright but I have to say it is a beautiful dragon. And if you look at her feedback she has done a couple of cool griffins and another dragon. She also buys Windstones. So I really think this is a case of someone who really loves Melody’s work and believes that imitation is the highest form of flattery. And didn’t mean to cross the line. Which doesn’t make it right and if John says it is too close I won’t bid on it – although it is very tempting.
Not that I am siding with this seller. I agree that she is probably, well, no, is DEFINATlY stepping on some toes here. I’ve been chatting with her for a week or so since she complimented the Fire KiRin I sold lastweek on ebay. We just kind of hit it off and got into an I Love Windstone conversation via messages. From there I told her about the forum and about how she should join, but I don’t think she has as of yet. She is really very nice and I think that she just may not know exactly how serious something of this nature is. In short, I don’t think she knows she could get in trouble for it is all. I’m sure if someone from Windstone contacted her she would probably be very cooprative and remove the listing.
The first time I saw the name I’ll admit I was a bit confused for a moment as well. I think she is just a struggling artist like most of us are. I think that copying the paint job was just a desperate measure to try and get a better price for it since hers weren’t going for too much money. I honestly think she’s just unaware of the severity of the situation, but I agree that it doesn’t make it right. Just my 2 cents.
On another note, I think Water had a really good idea about mentioning some sore of disclaimer on the site about reproducing paint jobs. The gold I thought wasn’t a big deal though since…I mean, what other color would you do the spines down that back and stuff besides gold and silver…I mean you could, but gold is so pretty and common for tiny highliting areas like that. *shrug* I guess it really IS a very tough risk to take in producing these PYOs but PLEASE DON’T STOP! WE BEG YOU! 😀 We will surley whine for years and perish without PYOs!
Got a busted Windstone?
drag0nfeathersdesign@gmail.com
*OPEN for repairs**SEEKING GRAILS*
Arc-en-ciel Emperor
Siphlophis Male Dragon
Calypso Hatching Empress
Ivory Moss Sitting Baby Kirin
Tattoo Mother Kirin
Emerald Tabby Male Griffin
Tie Dye + Orion Hatching Royalty
Indigo Rockfish + Flame Tabby Little Rock Dragons
Dragon Quail + Obsidian Frost Old Warriors
Betta Sun Dragon + Male Dragon
Dreamscape, Orion, Poison Dart, Fireberry, Spangler + Tigerberry DragonsHoly smokes!! Wow…I feel a little bad for this person…
They are certainly in the wrong – I also had to look twice when I saw their ebay name. And I was a little shocked that they really didn’t seem to have any shame about directly copying the BEP SK and using Windstone’s work to boost their own.
But, at the same time, this does seem to be an pretty common idea – like other painters here on the forum, I have been asked more than once to paint PYOs to match production Windstones. People want them, people want to make them, and correct me if I’m wrong, but it isn’t actually written in the auctions that they aren’t supposed to do this…Is it? It’s been said many times here, but if you aren’t a forum member (and this artist was not) how would you know you aren’t supposed to?
Not that that’s much of an excuse for this person…they really did have too many points against them in this auction. But, in general, I think it’s a valid concern. I think something concerning this issue should be added to the unpainted PYO auctions and the little paper insert that the PYOs come with.
"He that breaks a thing to find out what it is has left the path of wisdom."
-J R R TolkienArlla wrote:Holy smokes!! Wow…I feel a little bad for this person…
They are certainly in the wrong – I also had to look twice when I saw their ebay name. And I was a little shocked that they really didn’t seem to have any shame about directly copying the BEP SK and using Windstone’s work to boost their own.
But, at the same time, this does seem to be an pretty common idea – like other painters here on the forum, I have been asked more than once to paint PYOs to match production Windstones. People want them, people want to make them, and correct me if I’m wrong, but it isn’t actually written in the auctions that they aren’t supposed to do this…Is it? It’s been said many times here, but if you aren’t a forum member (and this artist was not) how would you know you aren’t supposed to?
Not that that’s much of an excuse for this person…they really did have too many points against them in this auction. But, in general, I think it’s a valid concern. I think something concerning this issue should be added to the unpainted PYO auctions and the little paper insert that the PYOs come with.
Yea, that’s probably a good idea. Or if you REALLY wanted to be serious (sorry for saying it, but it’s kind of the first thing I thought of) checking off an online box dialog when ordering from the website saying the buyer agrees and understands the following … “Previously production/current production colors, Paint jobs copyrighted, Melody Pena, all that good stuff along with the violaters can be charged with copyright infringement which is a felony….blah blah blah…fullest extent of the law and such” You know what I mean. Like the FBI warning on a DVD or terms and agreements of a contract type of thing.
I’m sure it would be a real pain in the you know what though, and may discourage some people from buying them too. It’s a tough call.
Got a busted Windstone?
drag0nfeathersdesign@gmail.com
*OPEN for repairs**SEEKING GRAILS*
Arc-en-ciel Emperor
Siphlophis Male Dragon
Calypso Hatching Empress
Ivory Moss Sitting Baby Kirin
Tattoo Mother Kirin
Emerald Tabby Male Griffin
Tie Dye + Orion Hatching Royalty
Indigo Rockfish + Flame Tabby Little Rock Dragons
Dragon Quail + Obsidian Frost Old Warriors
Betta Sun Dragon + Male Dragon
Dreamscape, Orion, Poison Dart, Fireberry, Spangler + Tigerberry DragonsI think Windstone will have to add that notice to the papers in the PYO boxes, since a lot of people – like me – order by phone. That way they can point to a written warning and a copyist can’t plead ignorance.
Besides, I think that even if that lady isn’t a forum member, she might consider the possibility of Windstone color schemes being protected. I’d think that in the sue-happy American society people would have a developed a better sense of what’s theirs and what’s not.Greater Basilisk wrote:I think Windstone will have to add that notice to the papers in the PYO boxes, since a lot of people – like me – order by phone. That way they can point to a written warning and a copyist can’t plead ignorance.
Besides, I think that even if that lady isn’t a forum member, she might consider the possibility of Windstone color schemes being protected. I’d think that in the sue-happy American society people would have a developed a better sense of what’s theirs and what’s not.Oooooooooooh yea! That telephone invention thingy! LOL! I completely forgot about that! I loathe phones and just relate everything to the net without even thinking. I’m so terrible! HAHA!
Got a busted Windstone?
drag0nfeathersdesign@gmail.com
*OPEN for repairs**SEEKING GRAILS*
Arc-en-ciel Emperor
Siphlophis Male Dragon
Calypso Hatching Empress
Ivory Moss Sitting Baby Kirin
Tattoo Mother Kirin
Emerald Tabby Male Griffin
Tie Dye + Orion Hatching Royalty
Indigo Rockfish + Flame Tabby Little Rock Dragons
Dragon Quail + Obsidian Frost Old Warriors
Betta Sun Dragon + Male Dragon
Dreamscape, Orion, Poison Dart, Fireberry, Spangler + Tigerberry Dragons😆 😆 I actually dislike the phone too. I prefer to do most correspondence by e-mail so I have written proof in case of trouble. But since trouble isn’t in the Windstone staff vocabulary, it’s faster and clearer by phone.
*nods* I agree on both counts there. I can full yadmit I’m one of those people who come home and see like “30 messages” blinking on the answering machine that have been collecting for like 2 weeks and hit erase like, “eh…probably all telemarketers” cause deep down, I don’t want to return the phonecalls. I’m very antisocial and a big homebody. Yup, I sure am!
God forbid something bad happens, I’ll be the last to know.
Got a busted Windstone?
drag0nfeathersdesign@gmail.com
*OPEN for repairs**SEEKING GRAILS*
Arc-en-ciel Emperor
Siphlophis Male Dragon
Calypso Hatching Empress
Ivory Moss Sitting Baby Kirin
Tattoo Mother Kirin
Emerald Tabby Male Griffin
Tie Dye + Orion Hatching Royalty
Indigo Rockfish + Flame Tabby Little Rock Dragons
Dragon Quail + Obsidian Frost Old Warriors
Betta Sun Dragon + Male Dragon
Dreamscape, Orion, Poison Dart, Fireberry, Spangler + Tigerberry DragonsGreater Basilisk wrote:I take it most of your friends took to e-mail too, if you automatically erase all messages? 😆
The ones who know me best do! HAHA! Thank goodness for caller ID. If I see a number more then 3 times then maybe it was something important so I’ll call back….so I’m not a COMPLETE douche, just a semi one =)
Got a busted Windstone?
drag0nfeathersdesign@gmail.com
*OPEN for repairs**SEEKING GRAILS*
Arc-en-ciel Emperor
Siphlophis Male Dragon
Calypso Hatching Empress
Ivory Moss Sitting Baby Kirin
Tattoo Mother Kirin
Emerald Tabby Male Griffin
Tie Dye + Orion Hatching Royalty
Indigo Rockfish + Flame Tabby Little Rock Dragons
Dragon Quail + Obsidian Frost Old Warriors
Betta Sun Dragon + Male Dragon
Dreamscape, Orion, Poison Dart, Fireberry, Spangler + Tigerberry Dragons
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