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Kyogre ex Crystal Guardians #95 Number Supertype Subtypes Rarity Artist HP Regulation Mark Retreat Cost Weaknesses Flotation Pok-Body As long as Kyogre ex has 1 Energy or less attached to it, the Retreat Cost for each of your Kyogre ex is 0

Not just under your control

Also, because Pankratops tributes itself to activate its effect, it doesnt interfere with one of your Ancient Warriors gimmicks of needing your opponent to control more monsters than you do

Even if WotC owns the artwork by assignment, rather than as a work for hire (both possibilities were discussed in part one of this series), it is still unlikely that MTG art would fall under VARA protection, because the artwork as printed on cards, is not in a limited quantity and not signed by the artist (though the original works, like oil paintings, which the card arts are derived from, likely are protected under VARA)