Oil, graphite pencil on canvas
44 1/8 x 43 7/8 in. (112 x 111.5 cm)
Signed and dated verso, upper left: rf Lichtenstein / '63
Classification: painting

Painting

In this catalogue paintings are classified as follows:

Painting is a work with acrylic and/or oil on canvas or on another two-dimensional support (canvas board, wood panel, etc.)

Painting (mural) is a large-scale painting, historically called "mural"

Painting on paper describes a work in acrylic, oil or watercolor on paper or board

Dates

Lichtenstein usually signed and dated a painting on the verso around the time it was finished, inventoried or shipped to a gallery or storage. Some pre-Pop paintings were dated in code (e.g., RLCR 502). 

See also: 8. DATES

Media Lines

Described are all media visible on a painting's recto. Paint is listed first, followed by graphite pencil where present, followed by the support. An inscription's medium is given beneath the media line if different from the painting media.

Acrylic and Oil Paints

The painting media lines in this catalogue are rarely based on technical analysis by a museum or a conservator. They are mostly informed by conversations with the artist's studio assistants, by examination of paint jars and tubes that were kept after the artist's death and by RLF records or Leo Castelli Gallery files. 

In this catalogue, all types of acrylic paint are listed as "acrylic" and all types of oil paint as "oil."

Historically, the brand name "Magna" (acrylic dispersion paint by Bocour Artist Colors, Inc.) has been used to describe all of Lichtenstein's acrylic. RLF records and technical analysis by art museums confirm that the artist did not only use Magna, but at times Liquitex acrylic emulsion paint and, later, Golden Artist Colors acrylic dispersion paint. When Magna production stopped in c. 1990, Lichtenstein bought up large amounts of Magna. He also reached out to Golden who worked with him to devise custom MSA colors in Lichtenstein's hallmark hues.      

Pop paintings and later works were usually painted with both acrylic and oil. It is assumed that around 1962 Lichtenstein experimented with Liquitex and Magna before adopting Magna as the main medium. For paintings from 1962–63, media lines are informed by notes on RL Studio Cards and/or in the Leo Castelli Gallery inventory. In rare instances, media lines were written by the artist on the verso of a work (e.g., RLCR 691). For paintings from 1964 and beyond, solid colors are assumed to be acrylic and dots and diagonals are assumed to be oil. Lichtenstein preferred oil for stenciled patterns because it was slow drying (fast-drying Magna stuck to stencils and resulted in stray paint strands) and because, if corrections were needed, oil could be removed with solvent without disrupting the acrylic underneath. However, it is possible that Lichtenstein continued his experimentation with paints through and after 1964.

Graphite Pencil Underdrawing

A closer look at Lichtenstein's paintings reveals that graphite pencil underdrawing and palimpsest is visible in most of them, starting in the 1960s. Nevertheless, pencil has not historically been mentioned in the related media lines. Due to the artist's well-known intention that his work not appear "too finished," this catalogue includes pencil in media lines. If in question from examination report results or other documentation, the presence of graphite pencil is assumed. When a researcher's examination report confirms that pencil is not visible, it is not included. 

Painting: Other Mediums and Techniques

Canvas
Different types of canvas are not described. Lichtenstein favored #10 cotton duck canvas from New York Central Art Supply; he also purchased duck canvas from U.S. Art Canvas and possibly others. Circular and oval canvases were ordered from David A. Paul and New York Central Art Supply. Earlier paintings' canvases are typically finer and sometimes described as "linen" in studio records.

Sand
In the Imperfect/Perfect and Entablature paintings, grainy areas are visible. Lichtenstein created this texture by adding beach sand, usually to a thick white underlayer over which he applied the final color. 

Sgraffito
This reductive technique of line-making is found in about 25 pre-Pop paintings. 

Stretchers
Stretchers are not included in media lines. Anco and H. Cole stretchers, among others, are used in Lichtenstein’s pre-Pop paintings; Sgroi Canvas Chassis stretchers are used in paintings from the late 1960s through early 1970s. Lebron stretchers were standard beginning around 1972 (a different stretcher brand was introduced once and quickly abandoned).

Strip frames
Strip frames are not included in media lines. Slightly raised above the edges, strip frames served as practical protection during shipment and storage movements and were routinely added to paintings in Lichtenstein’s studio by the 1970s, but are documented in exhibition installation images as early as the early 1960s.

Painting on Paper: Other Mediums and Techniques

Masking out
Masking techniques are indicated, but the material used (e.g., frisket, small objects) is not identified (e.g., RLCR 219).

Watercolor application
When it is applied in multiple ways, watercolor application method is described, otherwise brush is implied. For example, see RLCR 365, “Watercolor, brushed, smudged by hand and sprayed, with masking out, graphite pencil on paper." 

Dimensions

Painting dimensions are given from canvas edge to canvas edge, excluding original wood strip frames nailed to the edges. 

For multi-panel paintings, if panels are joined, overall dimensions and dimensions of each canvas are given. If panels are separate, only panel dimensions are provided since overall dimensions vary by installation. Lichtenstein usually suggested a distance of approximately 7 inches between canvases for installation. This fact informed spacing of related images in the catalogue entries (e.g., RLCR 1635). 

See also: 10. DIMENSIONS

Signature, Inscriptions, Marks

The artist usually signed and dated his paintings on the canvas verso in charcoal and applied a spray fixative before sending it to a gallery or storage.  

Pre-Pop paintings are often signed or initialed on the recto in oil, or inscribed with the artist's name and other tombstone information on the stretcher or tacking margin. 

See also: 11. INSCRIPTIONS

Read more: Guide to the Catalogue
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Catalogue entry

Artwork: Hopeless, 1963 (RLCR 772)
RLCR 772 (LC 88; RL 0116)
Hopeless
1963
Title Source
Castelli; RL Register; RL Studio Card
Media
Oil, graphite pencil on canvas
Dimensions
44 1/8 x 43 7/8 in. (112 x 111.5 cm)
Inscriptions
Signed and dated verso, upper left: rf Lichtenstein / '63
Stretcher: # 88
Remarks

This work's media line has often been listed as "Oil and Magna on canvas." Per the work's RL Studio Card, only oil was used. For further info on media lines for paintings from c. 1962–63, see the Guide to the Catalogue: 4.7. Classification: Painting.

Keyword
Cartoons
Provenance
Galerie Ileana Sonnabend, Paris, by 1964 (artist sale)
Peter and Irene Ludwig, Aachen, Germany, March 1971
Peter and Irene Ludwig Foundation, Aachen, Germany, 2010 (by bequest)
Exhibitions
Leo Castelli Gallery (4 East 77th Street), New York, Works by John Chamberlain, Edward Higgins, Frederick Kiesler, Roy Lichtenstein, Robert Moskowitz, Robert Rauschenberg, Frank Stella, Cy Twombly, April 2–25, 1963.
Galerie Ileana Sonnabend (37, quai des Grands-Augustins), Paris, Roy Lichtenstein, June 5–30, 1963 (Jouffroy, Johnson, E. and Rosenblum 1963, b/w ill.). Traveled to: Galleria il Punto Arte Moderna, Turin, Italy, December 23, 1963–January 23, 1964 (Sonnabend, M. 1963).
Institute of Contemporary Arts, London, The Popular Image, October 24–November 23, 1963 (Solomon, A. 1963b, b/w ill.).
Moderna Museet, Stockholm, Amerikansk Pop-Konst, February 29–April 12, 1964 (Hultén 1964, p. 44 b/w ill. [in pink], p. 45 b/w ill. [in pink; installation view, 1963b Paris Sonnabend]). Traveled to: Louisiana Museum of Modern Art, Humlebaek, Denmark, April 17–May 24, 1964 (Louisiana Museum 1964); Stedelijk Museum, Amsterdam, June 22–July 26, 1964 (as De nieuwe amerikaanse kunst/American Pop Art) (Solomon, A. 1964b).
Palais des Beaux-Arts, Brussels, Pop Art — Nouveau Réalisme — etc. . ., February 5–March 1, 1965 (Palais des Beaux-Arts 1965).
Europäisches Forum, Alpbach, Austria, Dada bis Heute: Dada-, Surreal-, Popart-, Opart-, Funktional-, Moral-, Neuer Real-Ismus, August 22–September 8, 1965 (Europäisches Forum 1965, no. 132 b/w ill.). Traveled to: Neue Galerie der Stadt Linz, Wolfgang-Gurlitt-Museum, Linz, Austria, September 16–October 17, 1965; Neue Galerie am Landesmuseum Joanneum, Graz, Austria, October 23–November 21, 1965.
Galleria la Bertesca, Genoa, Italy, American Pop Artists, November 12–December 10, 1966 (Calvesi 1966a, n.p. b/w ill.).
Musée Rath, Geneva, Le visage de l'homme dans l'art contemporain, July 1–September 20, 1967 (Musée Rath 1967, no. 59 b/w ill.).
Stedelijk Museum, Amsterdam, Roy Lichtenstein, November 4–December 17, 1967 (Stedelijk Museum 1967, no. 15 b/w ill.). Traveled to: Tate Gallery, London, January 6–February 4, 1968 (Tate 1968b, no. 14 p. 21 b/w ill.); Kunsthalle Bern, Bern, Switzerland, February 23–March 31, 1968 (Kunsthalle Bern 1968, no. 13 b/w ill.); (Tate 1968a, no. 12 p. 21 b/w ill.); Kestner-Gesellschaft, Hannover, Germany, April 13–May 19, 1968 (Kestner-Gesellschaft 1968, no. 13 p. 70 b/w ill.).
Galleria Civica d'Arte Moderna, Turin, Italy, New-Dada e Pop Art Newyorkesi, April 2–May 4, 1969 (Malle 1969, no. 51 n.p. b/w ill.).
Solomon R. Guggenheim Museum, New York, Roy Lichtenstein, September 19–November 9, 1969 (not Columbus) (Waldman 1969, no. 20 p. 41 color ill.). Traveled to: William Rockhill Nelson Gallery of Art and Mary Atkins Museum of Fine Arts, Kansas City, Mo., December 18, 1969–January 16, 1970; Museum of Contemporary Art, Chicago, Ill., February 7–March 22, 1970; Seattle Art Museum, Seattle, Wash., April 10–May 17, 1970; Columbus Gallery of Fine Arts, Columbus, Ohio, July 9–August 30, 1970.
Kunstmuseum Basel, Basel, Switzerland, Extended Loan, March 1971–present.
Museum of Modern Art, New York, High and Low: Modern Art and Popular Culture, October 7, 1990–January 15, 1991 (Varnedoe and Gopnik 1990a, no. 75 p. 200 color ill.); (Varnedoe and Gopnik 1990b). Traveled to: Art Institute of Chicago, Chicago, Ill., February 23–May 12, 1991; Museum of Contemporary Art, Los Angeles, Calif., June 21–September 15, 1991.
Germanisches Nationalmuseum, Nuremberg, Germany, LudwigsLust: Die Sammlung Peter und Irene Ludwig, June 19–October 10, 1993 (Eissenhauer 1993, no. 333 p. 365 color ill.).
Städtische Galerie, Ludwig Institut, Oberhausen, Germany, Kreuzigung und Beweinung: Versuche zu trauern, May 7–June 30, 1995 (Pachnicke and Mensch 1995, no. 67 p. 109 color ill.). Traveled to: Haus Ludwig für Kunstausstellungen, Saarlouis, Germany, September 24–December 31, 1995.
Museum für Gegenwartskunst, Basel, Switzerland, White Fire – Flying Man: Amerikanische Kunst 1959–99 in Basel, June 5–September 26, 1999 (Schmidt, K. and Ursprung 1999, no. 76 p. 103 color ill.).
Kunstmuseum, Basel, Switzerland, Painting on the Move, May 26–September 8, 2002 (Bürgi and Pakesch 2002, p. 122 color ill, p. 119 color ill.).
Art Institute of Chicago, Chicago, Roy Lichtenstein: A Retrospective, May 16–September 3, 2012 (only London, Paris) (Rondeau and Wagstaff, Sheena 2012, no. 31 n.p. color ill.). Traveled to: National Gallery of Art, Washington, D.C., October 14, 2012–January 13, 2013; Tate Modern, London, February 21–May 27, 2013 (as Lichtenstein: A Retrospective) (Dunne 2012, no. 28 p. 37 color ill.); Musée National d'Art Moderne, Centre National d'Art et de Culture Georges Pompidou, Paris, July 3–November 4, 2013 (as Roy Lichtenstein, revised and reorganized) (Dunne 2013, no. 28 p. 37 color ill.); (Pompidou 2013); (Morineau 2013a, no. 19 p. 86 color ill.).
Martin-Gropius-Bau, Berlin, The Cool and the Cold: Malerei aus den USA und der UdSSR 1960–1990, Sammlung Ludwig, September 24, 2021–January 9, 2022 (Franzen 2020, p. 151 color ill.).
Albertina, Vienna, Roy Lichtenstein: A Centennial Exhibition, March 8–July 14, 2024 (Bauer, G, and Schröder 2024a, p. 117 color ill.); (Bauer, G, and Schröder 2024b, p. 117 color ill.).
Literature
Hultén, Pontus. "Om Pop-Kunsten." Louisiana revy (Humlebaek, Denmark) 4, no. 1 (September 1963), p. 10 b/w ill. (installation view, 1963b Paris Sonnabend).
Edwards, Folke. "Vad vill Pop?" Stockholm-Tidningen, February 29, 1964, p. 7 b/w ill (sideways).
Neuendorf, Hans R. "Ist Pop Art das Letzte?" Schöner Wohnen (Hamburg) (December 1964), n.p. following p. 52 b/w ill. (installation view, 1963b Paris Sonnabend).
Sylvester, David. "Art in a Coke Climate." Sunday Times Colour Magazine Special issue Pop art: Way out or way in? (London) (January 26, 1964), front cover color ill.
Melville, Robert. "Surrealist and Others." Architectural Review 135, no. 804 (February 1964), no. 12 p. 139 b/w ill.
Billeter, Erika. "Pop im Examen: Lichtenstein, Oldenburg, Rosenquist, Rauschenberg, Segal." Speculum artis (Konstanz and Zurich) 17, no. 9 (October 1965), p. 30 b/w ill.
Scholz-Wanckel, Katharina. Pop Import: Eine selektive Abhandlung über Pop Artisten. Hamburg: Matari Verlag, [1965], p. 58 b/w ill. (installation view, 1963b Paris Sonnabend).
Lichtenstein, Roy, and David Pascal. "Pop art et comic books." Translated from the English by Colette Swarc. Giff-Wiff (Paris), no. 20 (May 1966), p. 12 b/w ill.
Hahn, Otto. "Roy Lichtenstein." Translated from the French by Arnold Rosin. Amended by the editor, James Fitzsimmonds. Art International 10, no. 6 (Summer 1966), p. 67 b/w ill.
Lévêque, Jean-Jacques. "Les pops sont-ils nos naïfs?" Arts (Paris) 75 (March 1–7, 1967), front cover ill. (detail, sideways).
Lichtenstein, Roy, and Lieneke van Schaardenburg. "Roy Lichtenstein: We waren trouwens niet zo pop als Iedereen dacht." Vrij Nederland (Amsterdam) (November 11, 1967), p. unavail. b/w ill.
Boime, Albert. "Roy Lichtenstein and the Comic Strip." Art Journal 28, no. 2 (Winter 1968–69), no. 5 p. 157 b/w ill.
Brett, Guy. "The Subtle Art of Roy Lichtenstein." Times (London), January 8, 1968, p. 4 color ill.
Thévoz, Michel. "L'image et son double." Le point (Brussels), no. 15 (April 1968), p. 27 b/w ill.
Alloway, Lawrence. "Roy Lichtenstein." Studio International 175, no. 896 (January 1968), p. 27 b/w ill.
Andreae, Christopher. "Trying to Shock—Himself." Christian Science Monitor, September 18, 1969, sec. 2, p. 11 b/w ill.
Fabri, Ralph. "Roy Lichtenstein at the Guggenheim." Today's Art (New York), October 18, 1969, p. 9 color ill. (sideways).
Kirkwood, Marie. "Roy Lichtenstein Gives New Dimension to the Lowly Dot." Sun Press (Cleveland), February 20, 1969, p. unavail. b/w ill. (with artist).
Metken, Günter. Comics. Frankfurt am Main and Hamburg: Fischer Bücherei, 1970, p. 183 b/w ill.
Weber, Jürgen. Pop Art: Happenings und Neue Realisten. Munich: Heinz Moos Verlag, 1970, no. 69 p. 57 b/w ill.
Lichtenstein, Roy. [no title]. Edited by Christian Bourgois. Kitsch (Paris), no. 2 (February 1971), p. 45 b/w ill.
Waldman, Diane. Roy Lichtenstein. New York: Harry N. Abrams, 1971, no. 51 n.p. color ill.
Iida, Yoshikuni. "Roy Lichtenstein: Paradoxical pictures, or, critiquing critical pictures." Arts quarterly 6, no. 3, issue 22 (summer 1972), p. 85 b/w ill.
Sterckx, Pierre. "Lichtenstein: Le Mondrian du Pop." Clés pour les arts (Brussels) 18 (February 1972), p. 13 b/w ill.
Coplans, John, ed. Roy Lichtenstein. New York: Praeger Publishers, 1972, front cover color ill.
Lichtenstein, Roy, and Jean-Claude Meyer. "Les illusions optiques de Roy Lichtenstein." XXe siècle (Paris and Milan) n.s, 35, no. 41 (December 1973), n.p. ill.
Calvesi, Maurizio. Le due avanguardie: Informale, New Dada, Pop Art. Vol. 2. Bari: Editori Laterza, 1975, no. 24 n.p. b/w ill., front cover color ill.
Lévêque, Jean-Jacques. "Lichtenstein, héraut de la bande dessinée." Galerie-jardin des arts, no. 143 (January 1975), p. 41 b/w ill. (sideways).
Richter, Wolfgang (Photographs by Hermann Weisweiler). Kunststadt Aachen. Cologne: Greven, 1977, no. 176 n.p. b/w ill.
Keller, Jean-Pierre. Pop art et évidence du quotidien. Lausanne: L’Âge d’Homme, 1979, n.p. facing p. 118 b/w ill.
Schaff, David. "A Conversation with Roy Lichtenstein." Art International 23, no. 9 (January–February 1980), p. 29 b/w ill. (sideways).
Zänker, Jürgen. "Walter Benjamins Kunstwerk-Aufsatz im Lichte der Pop-Art: Dargestellt am Beispiel Roy Lichtensteins." In Wallraf-Richartz-Jahrbuch: Westdeutsches Jahrbuch für Kunstgeschichte, vol. 42, by Wallraf-Richartz-Museum, Cologne. Cologne: DuMont Buchverlag, 1981, no. 19 p. 319 ill.
Chirico, Robert. F. "Some Reflections on Sound and Silence in the Visual Arts." Arts Magazine (New York) 56, no. 8 (April 1982), p. 105 b/w ill.
Alloway, Lawrence. Roy Lichtenstein. New York: Abbeville Press, 1983, no. 19 p. 25 color ill.
Busche, Ernst A. Roy Lichtenstein: Das Frühwerk, 1942–1960. Berlin: Gebr. Mann Verlag, 1988, fig. 134 p. 234 b/w ill.
Von Hassell, Christa. "Atelierbesuch: Ein Pop-Star kommt zurück." Pan (Offenburg), no. 7 (September 1988), p. 65 color ill.
Busche, Ernst A. Roy Lichtenstein: Pop-Paintings, 1961–1969. Schirmer's visuelle Bibliothek 6. Munich: Schirmer/Mosel, 1989, no. 25 n.p. color ill.
Lovejoy, Margot. Postmodern Currents: Art and Artists in the Age of Electronic Media. Ann Arbor, Mich.: UMI Research Press, 1989, no. 41 n.p. facing p. 86 b/w ill.
Livingstone, Marco. Pop Art: A Continuing History. 1st ed. New York: Harry N. Abrams, 1990, no. 168 p. 120 color ill.
"Zuerst Niedrig und Nun Hoch Gehängt." Art: Das Kunstmagazin (Hamburg), no. 1 (January 1991), p. 57 color ill., front cover color ill.
Hindry, Ann, ed. Artstudio. Special issue, Roy Lichtenstein, no. 20 (Spring 1991), n.p. preceding p. 36 color ill.
Hendra, Tony. Brad '61: Portrait of the Artist As a Young Man. New York: Pantheon Books, 1993, p. 44 color ill.
Waldman, Diane. Roy Lichtenstein. New York: Solomon R. Guggenheim Foundation, 1993. Exhibition catalogue (1993 New York Guggenheim), no. 104 n.p. facing p. 117 color ill. [not exhibited].
Vernissage Köln. Special issue, Roy Lichtenstein in München, no. 9 (September 1994), p. 28 color ill.
Bode, Peter M. "Roy Lichtenstein: Am Anfang war der Comic Strip." Art: Das Kunstmagazin (Hamburg), no. 10 (October 1994), p. 16 color ill.
Waldman, Diane. Roy Lichtenstein. Translated from the English by Bram Opstelten and Magda Moses. New York: Solomon R. Guggenheim Foundation, 1994. Exhibition catalogue (1993 New York Guggenheim), no. 104 n.p. facing p. 117 color ill. [not exhibited].
Kijima, Shunsuke. The Appeal of Modern Art: Surveying the Art of the 20th Century. The Great History of Art. Kyoto: Dōhōsha Shuppan, 1997, p. 118 color ill.
Whiting, Cécile. A Taste for Pop: Pop Art, Gender, and Consumer Culture. Cambridge, England: Cambridge University Press, 1997, no. IV n.p. color ill.
Shimasaki, Yoshinobu. "The Birth of Pop art." BT: Bijutsu techō (Tokyo) 51, no. 780 (December 1999), no. 9-13 p. 8 color ill.
Suenaga, Terukazu. The Concise History of the 20th Century Art. Tokyo: Bijutsu Shuppansha, 2000, no. 9–13 p. 140 color ill. (as Nothing Can Be Done).
Yonemura, Noriko. Seurat: Beyond Pointillism Rikuyusha Art View. Tokyo: Rikuyosha, 2002, p. 105 b/w ill. (as Nothing Can Be Done).
Collins, Bradford R. "Modern Romance: Lichtenstein's Comic Book Paintings." American Art (Smithsonian American Art Museum) 17, no. 2 (Summer 2003), p. 60 color ill.
Schmied, Wieland. Harenberg Museum der Malerei: 525 Meisterwerke aus sieben Jahrhunderten. Mannheim: Bibliographisches Institut, 2004, p. 1037 color ill.
Bandlow, Karen. "Nicht nur Warhols Mao: Mao Zedong in der Kunst von Roy Lichtenstein und Wang Ziwei." Ostasiatische Zeitschrift (Cologne) n.s, no. 11 (Spring 2006), no. 7 p. 58 color ill.
Beam, Alex. "Lichtenstein: Creator or Copycat?" Boston Globe, October 18, 2006, Living Arts sec, p. D1 color ill.
Bandlow, Karen. Roy Lichtenstein und Ostasien. Studien zur internationalen Architektur- und Kunstgeschichte 59. Petersberg, Germany: Michael Imhof Verlag, 2007, no. 140 p. 130 color ill.
Sterckx, Pierre. 50 géants américains: Comment New York a détrôné l'Europe. Boulogne-Billancourt (Hauts-de-Seine): Beaux-Arts Éditions, 2007, p. 125 color ill.
Faton-Boyancé, Jeanne, ed. L'objet d'art. Special issue, Roy Lichtenstein exposition au Centre Pompidou, no. 69 (July 2013), p. 16 color ill., front cover color ill.
Morel, Francis, ed. Connaissance des arts. Special issue, Roy Lichtenstein, no. 589 (July–August 2013), p. 6 color ill.
Silver, Kenneth E. Roy Lichtenstein: Re-Figure. New York: Leo Castelli, 2017. Exhibition catalogue (2016b New York Castelli), p. 5 color ill. [not exhibited].

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Unless you obtain our prior written consent in each case, you may not: (A) frame any Content on any other website; or (B) use metatags or any other “hidden text” that incorporates the “ROY LICHTENSTEIN” trademarks, marks confusingly similar to our trademarks, or our name.

Additional Disclaimers

THE SITE, CONTENT, AND LINKS AVAILABLE THROUGH IT ARE AVAILABLE “AS IS” AND “AS AVAILABLE.”  WE DO NOT WARRANT THAT THE SITE OR ANY CONTENT AND LINKS AVAILABLE THROUGH IT WILL BE UNINTERRUPTED OR ERROR-FREE.  THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN CONTENT AVAILABLE ON THE SITE.  WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR NON-INFRINGEMENT OF ANY CONTENT AVAILABLE ON THE SITE OR CONTENT OR SERVICES AVAILABLE THROUGH LINKS TO THIRD-PARTY WEB SITES.  WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON THE SITE AND IN ITS CONTENT.  IF YOU RELY ON THE SITE AND ANY CONTENT AVAILABLE THROUGH IT, YOU DO SO ENTIRELY AT YOUR OWN RISK.

TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, RLF DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SITE AND ANY CONTENT OR INFORMATION THAT IS AVAILABLE THROUGH IT, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE HAS BEEN DISCLOSED).

ALTHOUGH RLF INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES,” OR OTHER MALICIOUS CODE TO THE SITE, RLF DOES NOT GUARANTEE OR WARRANT THAT THE SITE, OR CONTENT THAT MAY BE AVAILABLE THROUGH IT, ARE FREE FROM SUCH DESTRUCTIVE FEATURES.  RLF IS NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.

Limitation of Liability

RLF AND ITS AFFILIATES, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, VOLUNTEERS, AND ADVISORS, WHETHER IN SUCH CAPACITIES OR INDIVIDUALLY, AND THE HEIRS, SUCCESSORS AND ASSIGNS OF EACH OF THEM (TOGETHER, THE “COVERED PARTIES”) ARE NOT LIABLE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON LOSS OR INJURY BECAUSE OF ERRORS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES IN THE SITE OR ANY CONTENT AVAILABLE THROUGH IT, INCLUDING LOSS OR INJURY THAT RESULTS FROM YOUR BREACH OF ANY PROVISION OF THESE TERMS.

UNDER NO CIRCUMSTANCES WILL RLF OR THE COVERED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR CONTENT OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF RLF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  OUR AGGREGATE LIABILITY TO YOU FOR ANY USE OF, OR INABILITY TO USE, THE SITE OR CONTENT IS LIMITED TO $1000. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend and hold harmless RLF and the Covered Parties from and against all demands, loss, liability, claims or expenses (including attorneys’ fees) made against RLF and the Covered Parties arising out of your use of the Site, its Content, or violation of these Terms.

Infringing Material

RLF respects the intellectual property of others and expects users to do the same.  As to allegedly infringing copyrighted works, we comply with the take down and counter notification provisions of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C.A. § 512, as set forth below. 

We reserve the right to remove or disable access to any Content claimed to be infringing, at any time at our sole discretion, without notice or liability.  In appropriate circumstances, we will also terminate users of the Site who are repeat infringers.

If you believe that Content has been used in a way that constitutes copyright infringement, please provide our designated agent, whose contact information is listed below, with a written notice containing all of the following information (“DMCA Notice”):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed;
  • Identification of the Content that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate such Content on our Site (such as the URL to each page on the Site containing allegedly infringing material);
  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
  • a statement that you have a good faith belief that use of the Content in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • a statement that the information in your notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our agent designated to receive DMCA Notices may be contacted as follows:

[email protected]

Changes to the Terms

RLF may change these Terms from time to time by posting an updated version on this web page, or, if we determine that it is appropriate, we may provide other notice to you.  Your continued use of the Site after we post updated Terms means that you accept and agree to such Terms.  We recommend checking back on this web page regularly if you use the Site.

Termination

We reserve the right to terminate the Site, these Terms, and any Content, and your access to the Site and/or the Content, at any time without notice, for any reason.  The “Reliance on Information Posted,” “Copyright & Trademark,” “Inclusions in Catalogue Raisonné (or Lack Thereof),” “Additional Disclaimers,” “Limitation of Liability,” “Indemnification,” and “Governing Law” sections of these Terms (along with this provision and any other provision that by its terms contemplates survival) survive any termination of these Terms.

Governing Law

These Terms are the complete agreement between you and RLF regarding your use of the Site and is governed by applicable federal laws and the laws of the State of New York applicable to agreements made and completely performed there.  Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction and venue of the United States District Court for the Southern District of New York located in the Borough of Manhattan in the City of New York or, only if such court does not have subject-matter jurisdiction, the Supreme Court of the State of New York, New York County.

You irrevocably agree to bring any claim or dispute relating to your use of the Site and these Terms exclusively in the state and federal courts located in New York, to submit to the exclusive jurisdiction of those courts, and to waive any jurisdictional, venue, inconvenient forum, or other objections to those courts.  

Other

Section titles and headings are for convenience only and have no legal or contractual effect.  The failure of RLF to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.  If a court of competent jurisdiction determines that any provision of these Terms is unenforceable for any reason, then that provision will be deleted and the remaining provisions of these Terms will be enforceable to the fullest extent permitted by law.

Questions

Please email [email protected] with any questions you may have about these Terms.