Kernochan Center for Law, Media and the Arts

THE VISUAL ARTS INFRINGEMENT DATABASE

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Beebe v. Rauschenberg

Issue(s):  
Fair Use
Overview

Photographer Martin Beebe sued artist Robert Rauschenberg alleging Rauschenberg infringed Beebe's photograph Diver in Rauschenberg's Pull, a mixed-media work which incorporated a silkscreen of Beebe’s photograph. The parties settled out of court and Rauschenberg agreed to pay Beebe $3,000 and credit Beebe.

Case Summary

Robert Rauschenberg incorporated a silkscreen of Martin Beebe’s photograph Diver into his 1974 mixed-media work Pull, without the permission of Beebe. Although Rauschenberg believed he had sufficiently transformed the work, Beebe was upset when he saw Pull reproduced in a 1976 Time magazine article and requested compensation from Rauschenberg. When initial attempts to negotiate failed, Beebe sued Rauschenberg for copyright infringement. This case settled out of court before a verdict was reached. Rauschenberg did not admit wrongdoing, but paid Beebe $3,000 and agreed to credit Beebe in future catalogs featuring Pull.

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