[Leah]

Dragonstar76, I’m very sorry to hear that you have had backlash. Was this in private on the forums, via “PM”s? (Private Messages) If so, we do not permit harassment via PM. If you have had any problems feel free to contact me.

None of the replies to me were via PM and the post after my request I did not have an issue with. However I did post my personal email address and that is where the probelms happened.

Several bordered on insulting and one insisted I broke the unicorn myself and was lying about purchasing him that way.. or some such…can’t remember the exact wording.

Regarding the cost, I’m out about $40.00 between the cost of the broken unicorn and the shipping. Not a lot in the scheme of things so I’m not really worried, it was a lesson learned and it was a while ago. lol

As for my seahorse idea, Allie will still move forward with the project, only the base horse will be a Breyer. I tend to pick the more uncommon horses and poses, so it will not be a silver mold I’m afraid 🙂

But thank you so much Jennifer for letting me/us know that if something does come up via PM that it can be reported to someone. I did not know that, was still learning my way around the forums and poking into places with this all happened and I pretty much said I’m gone. lol

Leah
Dragonstar76

[Leah]

I don’t see how it applies either. Neither you nor the current owner intentionally removed the copyright. You are not planning to create a sculpture from a copyrighted sculpture and then sell it as your own work. And you would only even potentially be fined if the owner of the copyright chooses to take you to court and sue you AND they win the suit.

Other copyrighted sculptures (like model horses, for example) are customized all the time and there has never been an issue.

I think so long as there is some marking on the new base that says that part of the sculpture was created by Melody it should be fine.

But I am not a lawyer and this should not be considered as legal advice.

I haven’t been online in quite some time as the … backlash of posting my request were a bit..well..nasty, but that is neither here nor there.

I found the broken unicorn on ebay. there were no pieces. I had the idea of a seahorse floating around in my head for awhile after seeing Debbie Lermonds “Tempest” and when I saw the broken unicorn I thought he would work.

I bought him and he sat for about 5 years as I was not going to attempt him myself, I figured I would find someone willing to tackle him at some point. And finances werent the best either. Recently I found this forum.

After finding this forum, I realized I probably should see about getting him restored first as that would be more acceptable. I did contact both Purplecat and Drag0nfeathers, and both were really unsure if they would be able to repair him, considering the extent of damage. After that I posted here looking for someone to bring my idea to life. I figured there would be some backlash so I did not mention I had already contacted purplecat and drag0nfeathers as I wanted the backlash directed at me. Considering the job I have, I consider myself pretty thick skinned, but the backlash was a bit more then I bargained for. I decided I did NOT need that kind of stress from a ‘hobby’ and I haven’t been online here since.

Getting to the point…that was a bit long winded…

Since the copyright is no longer, and I cannot say 100% that there would NOT be legal action taken against Allie and myself, I have told Allie to salvage the horn and eyes for her use and to throw the unicorn in the garbage.

Restoration is unlikely and since customizing isn’t really an option, there is nothing more that can be done with him. I will NOT drag Allie into something that has the abitily to damage her reputation, finances and health.

It’s disappointing yes, but I do understand where Windstone is coming from.

Along the model horse line: Model Horses are mass produced by the thousands, tracking down all those people who customize and sell them would take an army. Not to mention, it’s pretty obvious (unless the piece is completely redone) what the original started out as. Stone horses, Breyers, Schleich, they are USUALLY pretty easy to identify. Of course this is my personal opinion and probably means nothing.

Resin model horses usually come with a VERA statement from the original artist stating what alterations (if any) are allowed. And even then, the copyright on those pieces is left alone, unlike the plastic ones where it is usually removed. I know that when Peter Stone was given permission to cast the resin “RR QH1” into plastic, it went trhough legal channels. Carol Williams name and copyright is on the plastic version. The one resin version I owned that was altered also had to get permission and Carol had to approve the final version.

Getting back to the Unicorn: Unfortunately, Windstone would only have my word that I would not be planning to cast it and sell it, and no, I had no intention of doing so. It was to be for my own enjoyment in my own home. Yes it would have been on display and yes photos would have been posted online stating it was a “resculpted Windstone Grand unicorn in a Seahorse by Allie”.

So the idea will stay an idea and I will probably look for a plastic breyer to have redone instead.

Leah
Dragonstar76

[Leah]

I must be weird too, because my car is female and is known as Mav around the neighborhood and at work. Although I call her a few other things when she acts up. She’s a 1972 Ford Maverick, so the name was a bit un-creative.

[Author]

Posts