- This topic has 151 replies, 1 voice, and was last updated 17 years, 11 months ago by .
-
Posts
-
Greater Basilisk wrote:
Is that auction even permissible? She directly copied the BEP coloring and compares the little PYO dragon to the Secret Keeper. Seems to me that’s borderlining copyright infringement at the very least.
Plus, that person must be some sort of lurk – she’s calling the PYO a “Mini Keeper.” Nobody except forum users would know of the Keeper name for the big PYO dragon.My thoughts EXACTLY. This is such CRAP!!
ruffian wrote:Greater Basilisk wrote:Is that auction even permissible? She directly copied the BEP coloring and compares the little PYO dragon to the Secret Keeper. Seems to me that’s borderlining copyright infringement at the very least.
Plus, that person must be some sort of lurk – she’s calling the PYO a “Mini Keeper.” Nobody except forum users would know of the Keeper name for the big PYO dragon.But that isnt the keeper PYO it is the little PYO, they called it the little keeper because they copied the paint job.
Well to be fair the SK have been sold on e-bay in the past so we are not the only ones that know of the SK namethought I would add a link for those who have not seen it
sorry I did not mean to post it twice. I also feel that if you are going to post something in e-bay you better get your facts right. I have been to the wharehouse and actually met the pianters or at lest some of them. Real windstones are not pianted by machines unless you consider an airbrush a machine. She was trying so desperately to make her dragon sound soooo special. I read the entire very long winded tale.
I was also going to suggest a piece of paper telling the winners they can not reproduce the PYO to look like any other already released Windstone under penatly of law blah blah blah . Part of that problem is also what if a person buys one and for example does not collect or know about the brown dragons and some how ends up painitng ont to look like a brown Windstone dragon and he ends up on e-bay??? I know this case is obvious that EVERYTHING was stolen from Windstoone but how would you handle handle an honest mistake like that??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.They used to do this with the first PYO griffins… did they stop? (I honestly don’t know since I don’t buy ’em O_o)
I too can sympathize with folks that just don’t know better. It just seems in this case that he/she knew because of the blurb about ‘changing it a little’ for copyright reasons. BUT! Again I do know what it’s like not to know ‘the rules’ so to speak. Windstone’ isn’t “out to get” anyone though so usually all it takes is a letter to the person in question to explain how things are. They are not trying to punish folks about this, the truth is that most people are not aware of how protected Windstones are (I know I didn’t until I started working with them!). I think some sort of notice/agreement on the order page and on future Windstone auctions for PYOs would help. Something to the extent of ‘by purchasing this product you agree that you recognize that Windstones are protected (insert legal wording here). This will cover the seller from saying ‘I didn’t know’ and will cover Windstone in case they find someone else doing it. 🙂
Volunteer mod- I'm here to help! Email me for the best response: nambroth at gmail.com
My art: featherdust.comI admit, I made a griffin to match the Black one I have. But, I also swear on my own life, I WILL NOT sell him for anything. He is mine, PERIOD. And also I wouldn’t paint another, I don’t do commision work either (I am just not that good at the painting thing). I haven’t even traded or swapped a Windstone. Just maybe gave a couple away (production peices though).
BTW GB I will be sending out that logostone this week! Finally a check I can squeeze a bit more out of!!! 😆
Dragon Master wrote:I was also going to suggest a piece of paper telling the winners they can not reproduce the PYO to look like any other already released Windstone under penatly of law blah blah blah . Part of that problem is also what if a person buys one and for example does not collect or know about the brown dragons and some how ends up painitng ont to look like a brown Windstone dragon and he ends up on e-bay??? I know this case is obvious that EVERYTHING was stolen from Windstoone but how would you handle handle an honest mistake like that??
Windstone would probably just inform them, as Nambroth mentioned…and if it was just an honest mistake it wouldn’t be a problem. But the bottom line is that anyone who’s selling anything is responsible for first verifying that they’re not violating any patents, copyrights, etc. And anyone that does (either intentionally or unintentionally) is liable for the consequences, which would include simply having to stop selling, paying damages for lost sales, paying royalties/license fee for the right to continue selling, etc. There are so many patented ideas out there already that its actually very easy to violate a patent/copyright unintentionally if people haven’t done their research….though in this case they seem to have researched it all too well. 🙂
But I think this person probably just wasn’t clear on the copyright protections regarding color schemes…
WindstoneCollector wrote:BTW GB I will be sending out that logostone this week! Finally a check I can squeeze a bit more out of!!! 😆
Thanks so much, WSC. It’s really nice of you. 😀
Nam: The only thing the paper in with the griffins says is as follows: “This figurine is a copyrighted artwork of artist M Peña and all laws of intellectual property apply.” I think for people like this windstoneeditionscreations person it’ll have to worded even more obviously.
Well, be it color combo or the hightened text effects on people, a lot of folks are into that dragon. I am very curious how much it will sell for.
I will say that as a PYO painter and seller I get asked by EBAYers if I work for Windstone Editions as a painter or what affiliation I have with the company, or if my colors will become a Windstone Editions production release soon. And countless times on Deviant Art I am praised for my sculpting work even though I keep telling folks I don’t carve them, just paint them…so there is some confusion even when you DO spell things out. Either people don’t read all the way or they just see it and love it and want it.
O.O Doh! I saw that item and at a glance saw “Windstoneeditions…” and totally thought it was from Windstone. Guess I should pay more attention.
Watergazer wrote:Well, be it color combo or the hightened text effects on people, a lot of folks are into that dragon. I am very curious how much it will sell for.
I will say that as a PYO painter and seller I get asked by EBAYers if I work for Windstone Editions as a painter or what affiliation I have with the company, or if my colors will become a Windstone Editions production release soon. And countless times on Deviant Art I am praised for my sculpting work even though I keep telling folks I don’t carve them, just paint them…so there is some confusion even when you DO spell things out. Either people don’t read all the way or they just see it and love it and want it.
Probably both…though I have noticed that quite a few people tend not to read everything.I’m curious about what the selling price would be too. But John did say that he was going to ask them to remove the auction…
Well, it’s still there and rising fast.
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 DragonsNambroth wrote: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.They used to do this with the first PYO griffins… did they stop? (I honestly don’t know since I don’t buy ’em O_o)
I too can sympathize with folks that just don’t know better. It just seems in this case that he/she knew because of the blurb about ‘changing it a little’ for copyright reasons. BUT! Again I do know what it’s like not to know ‘the rules’ so to speak. Windstone’ isn’t “out to get” anyone though so usually all it takes is a letter to the person in question to explain how things are. They are not trying to punish folks about this, the truth is that most people are not aware of how protected Windstones are (I know I didn’t until I started working with them!). I think some sort of notice/agreement on the order page and on future Windstone auctions for PYOs would help. Something to the extent of ‘by purchasing this product you agree that you recognize that Windstones are protected (insert legal wording here). This will cover the seller from saying ‘I didn’t know’ and will cover Windstone in case they find someone else doing it. 🙂
Sorry I can’t follow up on this untill we get back in town, but we are making changes to better inform painters of the laws. I think I delt with this particular auction gently enough that we won’t loose an enthusiast. The auction should be taken down soon.
We are putting up an entry page to explain the laws as you go into the figuine side of the site (this afternoon?). Check it out and spread the word that all should read it.
- You must be logged in to reply to this topic.
