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John wrote:skigod377 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. Sorry. I dont collect the gargoyles yet and I could not see the link when I posted. (I was at work.) I just saw “Gargoyle” in the link and assumed it was a knock-off like so many others. I didnt get to see that it was a direct copy till I got home. I will stick to dragons. Those I am familiar with. 😳
skigod377 wrote:Sorry. I dont collect the gargoyles yet and I could not see the link when I posted. (I was at work.) I just saw “Gargoyle” in the link and assumed it was a knock-off like so many others. I didnt get to see that it was a direct copy till I got home. I will stick to dragons. Those I am familiar with. 😳
Aw it’s okay Ski! We get so much information on here it’s a wonder that our brains don’t blow up! 😉
As for the hatching dragon that koshii posted, I don’t think that’s an infringement. Windstone doesn’t own the concept of a ‘dragon hatching from egg’- they just own the specific look/coloration/pose combo. Sometimes this is a grey area and hard to define exactly what makes a Windstone look like a Windstone.
I want to say though, that even false alarms are better than NO alarms. All of your help in finding these knock-offs (and possible knock-offs) really helps! If you’re not sure about something and think it might be a fake or copy, feel free to share it; the worst that can happen is that A. John’s already aware of it, or B. It’s not close enough to be an infringement.
Keep up the good work guys!! 😀
Volunteer mod- I'm here to help! Email me for the best response: nambroth at gmail.com
My art: featherdust.comNot sure just might have been inspired by Windstones?
I Would love an Old Warrior one day.. any Old Warrior!
This is one of those borderline ones. Some of the features are the same, some are very different. You can email it to John (john@windstoneeditions.com) and he can make the call. 🙂
Volunteer mod- I'm here to help! Email me for the best response: nambroth at gmail.com
My art: featherdust.comI’ve sent the e-mail to John to see what He thinks.
I Would love an Old Warrior one day.. any Old Warrior!
tc_cat333 wrote:Just curious… what is the difference between copied and influenced by?
influence may show some features that are simaler but as a whole the piece should have enough differences so that it could not be mistaken for another piece.
copied, most of the features look the same as another piece to the point where it can be recognized or mistaken for that other piece.
While the wings and the crests are quite different, and one could possibly explain the similar pose as coincidence… look at the scale patterns! Particularly on the tail is where I notice it, though also on the sides.
Those dragons could well have been cast directly from a male Windstone, and then had their heads and wings modified. If they weren’t cast, the bodies were copied very closely!
It was the bodies and scales which I thought looked very much like the male Dragon. The heads are very different but the pose is just too familiar.
I Would love an Old Warrior one day.. any Old Warrior!
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