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).

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 of 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 of 1964 and beyond, solid colors are assumed to be acrylic and dots and diagonals oil. 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. Lebron stretchers were standard orders from c. 1972 on, and were typically delivered assembled. 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 at least from the time James dePasquale became Lichtenstein's assistant.

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).

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.

Catalogue entry

RLCR 761 (LC 89; RL 0117)

Drowning Girl

1963

Title Source

Castelli; RL Studio Card

Alternate title and source: Help, Drowning Girl (RL Register)

Media

Acrylic, oil, graphite pencil on canvas

Dimensions

67 5/8 x 66 3/4 in. (171.8 x 169.5 cm)

Inscriptions

Signed and dated verso, upper right: rf Lichtenstein / '63

Keyword

Cartoons

Photo: The Museum of Modern Art/Licensed by SCALA / Art Resource, NY

Provenance

Mr. and Mrs. Bagley Wright, Seattle, October 1963 (via Leo Castelli Gallery, New York City; via Ferus Gallery, Los Angeles)

The Museum of Modern Art, New York. Philip Johnson Fund (by exchange) and gift of Mr. and Mrs. Bagley Wright, December 1971. 685.1971

Exhibitions

1963 Los Angeles Ferus

Ferus Gallery, Los Angeles, Roy Lichtenstein, April 1–20, 1963.

1963c New York Castelli

Leo Castelli Gallery (4 East 77th Street), New York, Roy Lichtenstein, September 28–October 24, 1963.

1963 Cleveland Park Synagogue

Park Synagogue, Cleveland, The Third Annual Park Synagogue Art Festival, November 3–10, 1963.

1964 Vancouver Belkin

Morris and Helen Belkin Art Gallery, University of British Columbia, Vancouver, British Columbia, Canada, Art Becomes Reality, January 29–February 8, 1964.

1964 Philadelphia ICA

Institute of Contemporary Art, University of Pennsylvania, Philadelphia, The Atmosphere of '64, April 17–June 1, 1964 (Sharpless 1964, no. 5 p. 9 b/w ill.).

1964 Portland, Ore, Portland Art Museum

Portland Art Museum, Portland, Oregon, Collection of Mr. and Mrs. Bagley Wright: Twentieth Century American and European Paintings and Sculpture, November 8–December 6, 1964 (Portland Art Museum 1964, no. 34 b/w ill.).

1966 Venice Biennale

Venice Biennale, Giardini della Biennale, United States Pavilion, Venice, Italy, Helen Frankenthaler, Ellsworth Kelly, Roy Lichtenstein, Jules Olitski in La Biennale di Venezia, 33. Esposizione Biennale Internazionale d'Arte, June 18–October 16, 1966 (National Collection of Fine Arts 1966, n.p.color ill.). Traveled to: National Collection of Fine Arts, Smithsonian Institution, Washington, D.C., December 1, 1966–January 16, 1967.

1967 Pasadena, Calif, Pasadena Art Museum

Pasadena Art Museum, Pasadena, California, Roy Lichtenstein, April 18–May 28, 1967 (Coplans 1967a, no. 17 p. 18 b/w ill.). Traveled to: Walker Art Center, Minneapolis, Minn., June 23–July 30, 1967.

1967 Amsterdam Stedelijk

Stedelijk Museum, Amsterdam, Roy Lichtenstein, November 4–December 17, 1967 (Stedelijk Museum 1967). Traveled to: Tate Gallery, London, January 6–February 4, 1968 (Tate 1968b, no. 16 p. 32 b/w ill.); Kunsthalle Bern, Bern, Switzerland, February 23–March 31, 1968 (Kunsthalle Bern 1968); (Tate 1968a, no. 20 p. 32 b/w ill.); Kestner-Gesellschaft, Hannover, Germany, April 13–May 19, 1968 (Kestner-Gesellschaft 1968, no. 15 p. 66 b/w ill.).

1968 San Francisco Museum of Art

San Francisco Museum of Art, San Francisco, Untitled, 1968*, November 9–December 29, 1968 (San Francisco Museum 1968).

1969 New York Guggenheim

Solomon R. Guggenheim Museum, New York, Roy Lichtenstein, September 19–November 9, 1969 (Waldman 1969, no. 18 p. 40 b/w 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.

1972b Philadelphia Museum of Art

Philadelphia Museum of Art, Philadelphia, American Art Since 1945, September 15–October 24, 1972.

1980a Brooklyn Museum

Brooklyn Museum, Brooklyn, New York, MoMA at Brooklyn: Paintings from the Twenties to the Seventies, May 17–September 14, 1980.

1985 Sydney AGNSW

Art Gallery of New South Wales, Sydney, Pop Art 1955–70, February 27–April 14, 1985 (Geldzahler 1985, p. 83 color ill, front cover color ill.). Traveled to: Queensland Art Gallery, Brisbane, Australia, April 30–June 2, 1985; National Gallery of Victoria, Melbourne, Australia, June 25–August 11, 1985.

1987 New York BlumHelman

BlumHelman Gallery, New York, Roy Lichtenstein: Pop Masterpieces, 1961–1964, May 5–June 6, 1987 (BlumHelman 1987, no. 7 color ill.).

1990 New York MoMA

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. 73 p. 198 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.

1993 New York Guggenheim

Solomon R. Guggenheim Museum, New York, Roy Lichtenstein: A Retrospective, October 7, 1993–January 16, 1994 (not Munich, Hamburg, Brussels) (Waldman 1993b, no. 106 n.p. facing p. 119 color ill.). Traveled to: Museum of Contemporary Art, Los Angeles, Calif., January 26–April 3, 1994; Musée des Beaux-Arts de Montréal, Montreal, May 26–September 5, 1994; Haus der Kunst, Munich, October 13, 1994–January 9, 1995 (included early works) (Waldman 1994, no. 106 n.p. facing p. 119 color ill.); Deichtorhallen, Hamburg, Germany, February 8–April 30, 1995 (included early works) (Waldman 1994, no. 106 n.p. facing p. 119 color ill.); Palais des Beaux-Arts, Brussels, June 2–September 3, 1995 (included early works) (Waldman 1994, no. 106 n.p. facing p. 119 color ill.); Wexner Center for the Arts, Ohio State University, Columbus, Ohio, September 21, 1995–January 7, 1996 (abridged version) (Waldman 1994, no. 106 n.p. facing p. 119 color ill.).

1998 Riehen Fondation Beyeler

Fondation Beyeler, Riehen, Switzerland, Roy Lichtenstein, May 24–September 27, 1998 (Beyeler [Fondation] 1998, no. 10 p. 45 color ill.).

2000 New York MoMA

Museum of Modern Art, New York, MoMA 2000: Making Choices: Walker Evans and Company, March 16–August 22, 2000 (only Los Angeles) (Galassi 2000, no. 267 p. 211 color ill.). Traveled to: J. Paul Getty Museum, Los Angeles, Calif., July 10–September 16, 2001 (as Walker Evans and Company: Works from the Museum of Modern Art).

2002 New York Gagosian

Gagosian Gallery (555 West 24th Street), New York, Ferus, September 12–October 19, 2002 (Gagosian, New York 2002, p. 97 color ill.).

2007 St. Louis Pulitzer

Pulitzer Foundation for the Arts, St. Louis, Water, July 20, 2007–January 5, 2008 (Pulitzer 2007, color ill. [installation view]).

2012 Chicago Art Institute

Art Institute of Chicago, Chicago, Roy Lichtenstein: A Retrospective, May 16–September 3, 2012 (Rondeau and Wagstaff, Sheena 2012, no. 32 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. 30 p. 39 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. 30 p. 39 color ill.); (Pompidou 2013, p. 11 color ill.); (Morineau 2013a, no. 20 p. 87 color ill.).

Literature

Domus 1963

"I mercanti d'arte: Leo Castelli, New York: La sua storia, la sua galleria." Domus (Milan), no. 406 (September 9, 1963), p. 48 b/w ill.

McClellan 1963

McClellan, Doug. "Los Angeles: Roy Lichtenstein, Ferus Gallery." Artforum 2, no. 1 (July 1963), p. 45 b/w ill.

Boatto 1964

Boatto, Alberto. "Incontri newyorkesi." La fiera letteraria (Rome) 19, no. 42 (December 6, 1964), p. 11 b/w ill.

Canaday 1964

Canaday, John. "Pop Art Sells On and On—Why?" New York Times Magazine, May 31, 1964, p. 7 b/w ill.

Eklund 1964

Eklund, Hans. "Pop: En seriös historia." Aftonbladet (Stockholm), February 28, 1964, p. 4 b/w ill.

Amaya 1965a

Amaya, Mario. Pop As Art: A Survey of the New Super-Realism. London: Studio Vista, 1965, p. 83 b/w ill.

Bjorkman 1966

Bjorkman, Carol. "Zam! Yves Set to Jolt Paris Today." Women's Wear Daily, August 1, 1966, p. 4 b/w ill.

Boatto and Falzoni 1966

Boatto, Alberto, and Giordano Falzoni, eds. Fantazaria (Rome). Special issue, Lichtenstein 1, no. 2 (July–August 1966), n.p. facing p. 42 b/w ill.

Celant 1966

Celant, Germano. "Esposizioni: XXXIII Biennale internazionale d'arte: Padiglioni stranieri." Casabella, no. 308 (August 1966), no. 3 p. 65 b/w ill.

Il Gazzettino 1966

"Una Biennale divertente." Il Gazzettino (Venice), June 15, 1966, p. 9 ill. (installation view, 1966 Venice Biennale).

Melville 1966

Melville, Robert. "The New Classicism." Architectural Review 139, no. 828 (February 1966), no. 2 p. 145 b/w ill.

Metz 1966

Metz, Kathryn. "The Thirty-Third Venice Biennale of Art." Arts and Architecture 83, no. 9 (October 1966), p. 33 b/w ill.

Hahn 1966a

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.

Solomon, A. 1966a

Solomon, Alan. "American Art between Two Biennales." Metro (Milan), no. 11 (June 1966), no. 5 p. 28 b/w ill.

Johnson, E. 1966b

Johnson, Ellen H. "Lichtenstein at Venice: The Printed Image." Art and Artists Special issue,Venice Biennale Number 1, no. 3 (June 1966), p. 13 b/w ill.

Der Spiegel 1967

"Lichtenstein: Mythos von Mickey." Der Spiegel, December 11, 1967, p. 161 b/w ill.

Het Parool 1967

"Pop Art-pionier Lichtenstein." Het Parool (Amsterdam), November 4, 1967, p. 7 b/w ill.

Blok 1967

Blok, C. "Roy Lichtenstein." Museumjournaal voor moderne Kunst 12, no. 10 (1967), p. 282 b/w ill.

Dalí 1967

Dalí, Salvador. "How an Elvis Presley Becomes a Roy Lichtenstein." Translated from the French by Albert Field. Arts Magazine (New York) 41, no. 6 (April 1967), fig. A p. 27 b/w ill.

Hendrick 1967

Hendrick, Kimmis. "'Which Comics Do You Read, Mr. Lichtenstein?.'" Christian Science Monitor, April 29, 1967, p. 6 b/w ill.

Seldis 1967b

Seldis, Henry J. "Roy Lichtenstein—'Pop' Formalist." Los Angeles Times, April 23, 1967, Calendar, p. 1 b/w ill.

Dunlop 1968

Dunlop, Ian. "Comic-Strip Pictures Pull in the Crowds at the Tate." South Wales Echo (Cardiff), January 15, 1968, p. unavail. b/w ill.

Finch, C. 1968

Finch, Christopher. Pop Art: Object and Image. London: Studio Vista, 1968; New York: E. P. Dutton and Co., 1968, p. 122 b/w ill.

Alloway 1968b

Alloway, Lawrence. "Roy Lichtenstein." Studio International 175, no. 896 (January 1968), p. 27 b/w ill.

Hunter, S. 1969

Hunter, Sam. "Neorealismo, Assemblage, Pop Art in America." L'arte moderna (Milan) 13, no. 112 (1969), p. 159 b/w ill.

Hunter, S. 1970

Hunter, Sam. La pittura americana del dopoguerra. Milan: Fratelli Fabbri Editori, 1970, no. 52 p. 78 color ill.

Kerber 1970

Kerber, Bernhard. Roy Lichtenstein: Ertrinkendes Mädchen. Stuttgart: Reclam, 1970, no. 1 n.p. facing p. 16 color ill., front cover color ill.

Kerber 1971

Kerber, Bernhard. Amerikanische Kunst seit 1945: Ihre theoretischen Grundlagen. Stuttgart: Philipp Reclam Jun., 1971, no. 27 p. 121 b/w ill.

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Waldman, Diane. Roy Lichtenstein. New York: Harry N. Abrams, 1971, no. 52 n.p. color ill.

Coplans 1972a

Coplans, John, ed. Roy Lichtenstein. New York: Praeger Publishers, 1972, no. 26 n.p. b/w ill.

Dubreuil-Blondin 1980a

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Russell, J. 1981

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Hughes, R. 1981b

Hughes, Robert. The Shock of the New. New York: Alfred A. Knopf, Inc., 1981, no. 234 p. 352 color ill.

Alloway 1983b

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Singerman 1986

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Mahsun 1987

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Lida 1987a

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Lida 1987b

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Sandler 1988

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Bronfen 1992

Bronfen, Elisabeth. Over Her Dead Body: Death, Femininity and the Aesthetic. Manchester, England: Manchester University Press, 1992, no. 27 p. 214 b/w ill.

Mamiya 1992

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Hendra 1993

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BT 1994g

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Umland 1998

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Lobel 2002

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Louisiana revy 2003

Louisiana revy (Humlebaek, Denmark). Special issue, Roy Lichtenstein 44, no. 1 (August 2003), p. 6 color ill. [not exhibited].

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Palmer Museum 2003

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View Citation of this Page

Theil, Andrea. “Drowning Girl, 1963 (RLCR 761).” In Roy Lichtenstein: A Catalogue Raisonné. New York: Roy Lichtenstein Foundation. www.lichtensteincatalogue.org/catalogue/entry.php?id=452 (accessed on April 29, 2024).

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Registered Users

If you are 18 years old or older, you may register to become a registered user (“Registered User”) and access the Site. You are responsible for all activity under your Registered User account. You agree to provide accurate, current and complete information at all times, and to update it in a timely manner. You may not transfer or otherwise do anything to give another person access to your Registered User account. You must notify us immediately at [email protected] if you become aware that anyone has gained unauthorized access to your Registered User account. You represent and warrant that all information you provide as a Registered User is accurate and complete.

We reserve the right, in our sole discretion, to suspend or terminate your registered access at any time if you have not complied with the Terms or for other reasons that we determine in good faith are necessary or appropriate, including if we suspect you are using or attempting to use the Site in any way that violates these Terms or any applicable laws or regulations.

Third-Party Content and Links to Third-Party Websites

The Site may contain content of, or links to websites controlled by, third parties (“Third-Party Websites”). We are not responsible for Third-Party Websites or their content, activities or privacy practices. Any information you share or actions you take on Third-Party Websites are governed by those websites’ terms of use and privacy statements, which you should review carefully to learn about their practices. The inclusion of third-party content or links to Third-Party Websites on our Site does not imply our endorsement of Third-Party Websites, their content, or any associated organization or activity. We make no representation or warranty whatsoever about the nature of Third-Party Websites and if you decide to access any other websites linked to or from the Site, you do so entirely at your own risk. WE ARE NOT RESPONSIBLE, OR LIABLE TO YOU OR ANY THIRD PARTY, FOR THE CONTENT OR ACCURACY OF ANY MATERIALS PROVIDED BY ANY THIRD PARTIES.

Frames; Metatags

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.

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