Fair Use Policy

OVERVIEW

In an effort to reduce barriers to image use in art scholarship, the Robert Rauschenberg Foundation (the “Foundation”) takes the following stance on fair use, licensing, and use of copyright materials:

  1. Recognizes and supports reproductions of Rauschenberg artworks, for which the Foundation owns the copyright, based on the doctrine of fair use.
  2. Utilizes fair use in the Foundation’s scholarly initiatives when reproducing Rauschenberg-related materials, for which the Foundation does not own the copyright.
  3. Provides grant(s) for royalty–free image use to museum and educational partners permitting reproduction of copyrighted Rauschenberg artworks in select situations that (a) do not qualify as fair use or (b) the partner is not comfortable publishing as fair use (referred to as the “License Agreement”).

 

A. FAIR USE OF RAUSCHENBERG ARTWORK REPRODUCTIONS

The Foundation recognizes and supports the use of images of Rauschenberg artworks, for which the Foundation owns the copyright, under the doctrine of fair use with the goal of fostering scholarship, disseminating knowledge, and enhancing educational initiatives. Possible uses include:

  1. Analytical, interpretive, and/or creative writings/works
  2. Online (digitized) collections created for public scholarship
  3. Teaching including online coursework and study guides
  4. Articles and editorials in print and digital newspapers
  5. Transformative use in artworks
  6. Personal or non-profit social media uses

Publishing Rauschenberg artwork under fair use does not require permission from or a license agreement with the Foundation: however, all artworks must be properly cited in such manner that a reasonable viewer may easily associate it with the item, ideally on the same page or monitor screen. In order to ensure accuracy in color reproductions and citations, publishers are requested to contact the Foundation to obtain free authorized reproductions and citations. See Contact Us information below. Any use shall not suggest that the Foundation is sponsoring or is formally affiliated with the publisher.

This fair use policy does not include advertising, promotional, and commercial uses of Rauschenberg's artwork (unless previously granted by the Rauschenberg Foundation). To request such uses, please contact VAGA at Artists Rights Society at: info@arsny.com.

 

B. THE FOUNDATION'S POLICY ON USE OF COPYRIGHTED IMAGES

As a copyright holder, the Foundation supports fair use of Rauschenberg artwork images. Similarly, as a creator of educational content, the Foundation exercises the right to responsibly make fair use of works for which the Foundation does not own the copyright. If you have any questions or comments on our use of images or believe an image has been reproduced in violation of copyright, please contact us at fairuse@rauschenbergfoundation.org.

 

C. GRANT FOR IMAGE USE BY EDUCATIONAL INSTITUTIONS AND MUSEUMS

For partners that are uncomfortable publishing under the doctrine of fair use or for select image use that does not qualify for fair use, the Foundation is granting License Agreements for image use by educational institutions and museums on a case-by-case basis. This License Agreement is designed to acknowledge and support the fair use of copyrighted Rauschenberg artworks as well as encourage additional usage that may not qualify under fair use. Such uses include:

  1. Use covered by fair use, to:
    • Encourage the long-term and widespread use/reproduction of Rauschenberg artworks without repeated permission requests
    • Reduce the need for fair use analysis and decision-making as related to the non-commercial usage of reproductions of Rauschenberg artworks
    • Provide usage assurance for institutions that are not comfortable publishing images of Rauschenberg artworks under fair use
  2. Additional royalty-free use of Rauschenberg artworks in the License Agreement, subject to the Foundation’s approval, may include:
    • Promotional uses such as marketing and advertisements
    • Conversion of pre-existing print scholarship to digital platforms

Museum and educational institutions are encouraged to contact the Foundation to learn more about the License Agreement. See Contact Us information below to apply.

 

RESOURCES

The Foundation recognizes that several guidelines for best practices in fair use have been published. A comprehensive list of guidelines and best practices can be found on Center for Media and Social Impact website.

 

CONTACT US

For authorized artwork images and citations as well as questions about the License Agreement, please contact Francine Snyder, Director of Archives, Robert Rauschenberg Foundation at fairuse@rauschenbergfoundation.org. For all image requests that are not covered by fair use or the License Agreement, please contact VAGA at Artists Rights Society: info@arsny.com.

 

 

 

The Rauschenberg Foundation makes a Good Faith Effort to properly credit all copyright holders. If you have any more information about any materials on our website or if you are the copyright owner and believe our website has not properly attributed your work to you, please let us know. Email fairuse@rauschenbergfoundation.org with your contact information and a link to the relevant content.