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This is actually a real sticky, slightly grey area when it comes to creative works (that are covered by copyright, such as physical art). Yes, if I bought a car, I may modify it as I wish. I own it. However, with art,
you never own the right to it unless you specifically buy them via contract. TECHNICALLY if you buy a painting (or sculpture or whatever), unless you buy all rights to it, you may NOT alter it even if you own it, according to copyright law. I’m not saying this is smart or stupid… I’m not saying I agree or disagree… I’m just stating what the law itself is.
Because one of the exclusive rights granted under copyright is the individual right of the copyright owner to create derivative works from their original copyrighted material.Wikipedia is not the place to go for legal information. Not trying to be a brat or anything, but this is incorrect. I am doing a graduate course right now on copyright, digital copyright, and intellectual property. You might have this argument for lp items if they were numbered; I know this was done on some earlier items, like wind wizards. The best place to search is the law itself or authoritative analysis of the law. The best online source I have encountered so far is Lexis Nexis; you might be able to use it through your public or university library.
In the United States, artistic (visual) works have moral rights attached to them. For sculptures, to have the extra protection of moral rights, they need to exist in a single form or 200 or less limited editions copies that are numbered and signed by the artist (Section 106a of the Copyright Act). Most Windstones are produced in higher quantities than this. Since most Windstones don’ qualify for moral rights protection, I could spray paint it, roll it in kitty litter, smash it into a million pieces, take a picture of this, and display the picture as a new creation. If anyone is interested in this, there was a great case with a man making art out of mutilated Barbie dolls…more information upon request! Changing a piece of art (or a book, a picture in photoshop) into something new does fall under derivative works, but with the four factors of fair use, people repainting for private use are safe. Even some derivates works that are then sold are not infringment under fair use. Consider Alice Randall’s “The Wind Done Gone”, an unauthorized derivative work of “Gone with the Wind”.
Some rights of the copyright holder are lost at the first sale (First Sale Doctrine, section 109a). This allows people to resell books, Windstones, and CDs as used, and libraries to loan items without infringing. Without losing some of the exclusive rights (like exclusive distribution) at first sale, copyright holders could bring and infringement suit against anyone distributing (selling) the work.
Hannah, you are so cool for doing this! I can’t wait to see all the new ones and hear their (hopefully wacky) names.
I couldn’t help but order 2. I am SO wanting that blue/red eyed Juggernaught pony! But after amazing fantasy colors, what else can be done to unicorns? So hopefully this is my last unicorn grab bag purchase and I can let my bank account recover a tad before christmas. With the proximity to Oregon, I should have mine Monday…wow, it’s just wrong to be in anticipation of a MONDAY heh
While I’m sure whatever I get will be beautiful, I am on the hunt one specific young unicorn.
During the second web cast, there was a darker calico colored unicorn, the right side of his face is orange with a medium blue eye and the dark brown side of his face has a metallic red eye. He might have gotten the name Juggernaught. Chessie describes him as “paint puke”. You can see him around the 2 hour and 25 minute mark. I would LOVE to have this and will happily trade whatever I end up with for him. And a big thanks to Chessie for even listening to let alone giving in to my crazy demands =D
Also looking for a super saturated red one, all love for the yellow eyes!
The lag was terrible, I could just imagine dozens of desperate Windstone collectors banging their heads on the keyboard waiting for theconfirmation page to load. I know I was.
Yeah, I had a very stinky one too. I cleaned him extensively with no luck. I had him behind glass in my display case, and I could smell smoke on Windstones next to him after that. He sits out now, though I hate the idea of dust touching him =P I’ve had him a few months, he still smells like smoke but he’s not as stinky as he was when first i got him.
I liked that “Monocerious” name ^_^ One of the Puke Unis should be named that! …
Monoceros, it’s Latin for unicorn. And it doesn’t actually sound like how you’d expect it to because all the “c”s in Latin are hard…. /classical geek logoff hold
But it would be frickin’ hilarious to have a unicorn named thatI am with you guys. Although I am not really fond of this color (I like twilight or ocean blue dragons more), it has certainly gotten a lot of love. Why not just make all of these “most popular” ebay colors into production or LP?
Dragons: serpentine, blue ice, black emerald (replace black gold?), barn swallow (replace rainbow?), and something similar to twilight or ocean blue
Kirins: black fire, black violet, snow
Pegasi & Unicorns: palomino, buckskin, przewalskis
Flapcats: russian blue, abyssinian, blue point siamese, flame point siameseThese colors have all been really popular, relatively uncomplicated, and cover a nice range of colors.
god yes! what she said! These would all be great LP colors! I had given up on snow LP kirins; glad to see the dream is still alive!
/one big massive all-encompassing SQUEEEEEAAAAAAKKKKKK!!!!!!111111oneoneYou make me want to cry. I private messaged this seller and she was going to split the lot, until she actually got interest in the whole thing… and the only piece I wanted was the emerald male and you ALREADY HAVE SOMEONE FOR IT!
*Sniffles and runs in a corner*
I offered her 100 for it so I hope you got that much.
Hmmm, well as you can see from Wolfen’s first post, she isn’t trying to make a profit off this, she’s doing a sweet and nice thing for other collectors. That’s why she is only selling the pieces for a measly $48. Do not attempt to blame someone who only had the best intentions in her heart for your failed transaction.
So yeah, you make me want to cry too…or scream.WTB red baby unicorn from the fantasy-colored batch. I’m no longer trading my GB unicorns because they’ve acquired names, Lawrence and Holo(though she doesn’t have red eyes /sigh), which makes them part of my Windstone family. Will pay slightly over store price for a red baby unicorn. I only use paypal. Thanks much 🙂
