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They say it’s a copyrighted piece. Sure is, pal, and not by you!
John says they dont really worry about the gargoyles too much because they dont really make alot of money off them.
Oh but this one seems to be a direct cast rip-off, so it may well be something to peruse, I’ll email him; only he will know for sure. The gargoyles that only kinda look like Windstones are usually not worth the time but this one seems to be a direct knock off.
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My art: featherdust.comAfter reading though the auction, it seems this seller is the one actually making these if they are to believed (and claiming copyright as mentioned). Don’t tip them off/yell at them/report the listing, we’ll see if John can get them!
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My art: featherdust.comMegani-chan wrote:They say it’s a copyrighted piece. Sure is, pal, and not by you!
They have got to be kidding. 🙄 Good catch, Megani.
I’m just curious, playing the devil’s advocate here. Do you think they could have been sold a ripped of cast and not known it thinking it was legit? To so boldly say that they are making them and that they are copyrighted makes me think that they are unaware that is illegal.
Of course, I could be just naive and trying to think the best of people. I would be curious to find out the story on this one.
SilverArrow wrote:I’m just curious, playing the devil’s advocate here. Do you think they could have been sold a ripped of cast and not known it thinking it was legit? To so boldly say that they are making them and that they are copyrighted makes me think that they are unaware that is illegal.
If they bought a rip off and don’t know the original belongs to Windstone, they still would have no right claiming copyright- they’d still be making knock-offs of someone else’s product. If they were sold reproduction rights by someone illegally claiming to have them, that only gives them reproduction rights, not copyright. If they bought all rights to the statue (again, from someone that is illegally claiming to be the copyright owner) then they could then claim copyright. In this scenario John could find out who illegally sold the copyrights and design and could peruse those people.
Sadly this happens all the time, and not just to Windstone. Someone was selling my artwork on shirts once and claiming copyright. It’s unfortunately true that there are a lot of unethical thieves out there looking to make a buck for the least amount of work. 🙁
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My art: featherdust.comskigod377 wrote:John says they dont really worry about the gargoyles too much because they dont really make alot of money off them.
That’s not quite right. We will stop any knockoff that is easily shown to be an infringement. In the world of gargoyles it is often somewhat harder to seperate those sculptures that infringe from the ones that are created under the influence of Windstone but don’t quite infringe. For instance, we can’t claim a right to the stone finish, (but, if push comes to shove, anything that is mistaken for a Windstone piece because the appearence created enough confusion could be said to be an illegal use of our “Trade Dress”). With the dragons, kirins, etc. we have copyright protection of the decoration as well as the sculpture so it is often more clear cut.
http://cgi.ebay.com/GOTHIC-GARDIAN-Dragon-BLUE-PURPLE-9cm-SET-OF-3-NEW_W0QQitemZ120117604833QQihZ00
Have these been posted yet?
I think I’ve seen them before, but I’m not sure how recently it was or if this is a new seller.
this one looks new to me, any one else here seen it before and already reported?
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