Would this be construed as copyright infringement?

[DragonMistress]

[DragonMistress]

http://cgi.ebay.com/Ki-Rin-Unicorn-fantasy-horse-ACEO-origonal_W0QQitemZ200141269126QQihZ010QQcategoryZ151719QQssPageNameZWDVWQQrdZ1QQcmdZViewItem

it’s the gold horn and pearl and brown body, I don’t know if I’m reaching on this one or not, what do you guys think?

[KoishiiKitty]

I’d say pretty generic Kirin with a horse based body. the colors are reminiscent but the picture as a whole has no definition of scales and fur.

seems harmless to me

[Dracomancer]

no it wouldnt beings kirins are the japanese style unicorn an i dotn think they have a copyright on them :p and that kirin in particular bares no resemblence to melody’s verisions

[Skigod377]

I would have to agree that it does not infringe. 🙂

[Griffiness]

If they ware melodys own idea, but since they are a creature like a dragon then no 😀

[Maria]

Even if the thing had scales, I’d say it wouldn’t infringe. The colors and head are too different.

[Starbreeze]

I agree with everyone else. I don’t think it’s an infringement.

[Jennifer]

It doesn’t have the Windstone ‘look’ to it. 🙂 Not an infringement. It’s nice to see others making kirin art! 🙂

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[DragonMistress]

Thanks guys!!! I was reaching with this one I guess!!

[John]

DragonMistress wrote:

Thanks guys!!! I was reaching with this one I guess!!

I don’t think you were reaching at all. Being familiar with existing kirin artwork (prior art) I can tell you that this design was inspired by and, to some extent, copies Melody’s kirins. Were this artist to derive more designs from Melody’s artwork we would have a very strong argument in showing that the artist intentionally copied. “substantial similarity” is a tougher standard to make stick when you lack proof of familiarity with the artist’s work who is being copied.

This is a great example of something that is probably not worth the hassle to pursue but still does slightly erode our copyright protection for that piece.

[Author]

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