Image:Soft Bathtub.jpg

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Soft Bathtub (Model)—Ghost Version (1966), Claes Oldenburg. Acryllic and pencil on foam-filled canvas with wood, cord, and plaster. Hirshhorn Museum, Washington, DC. Photograph taken by User:Postdlf and released under the GFDL license.

Permission is granted to copy, distribute and/or modify this document under the terms of the GNU Free Documentation License, Version 1.2 or any later version published by the Free Software Foundation; with no Invariant Sections, no Front-Cover Texts, and no Back-Cover Texts. Subject to disclaimers.

[edit] Fair use in Claes Oldenburg, and Pop Art

Though this image is subject to copyright, its use is covered by the U.S. fair use laws because:

1. It illustrates an educational article about the artist who created the sculpture depicted in the photograph.
2. The image is of a sculpture that is representative of a particular mode of the artist's work, which is discussed at length in the article.
3. It is a low resolution image not suitable for making commercial prints, and so is unlikely to have an impact on the artist's market for derivatives of his sculpture.
4. The image is only a small portion of the commercial product.
5. It is not replaceable with an uncopyrighted or freely copyrighted image of comparable educational value.

This is a two-dimensional representation of a copyrighted sculpture, statue or any other three-dimensional work of art. As such it is a derivative work of art, and per US Copyright Act of 1976, § 106(2) who owns copyright of the original has the exclusive right to authorize derivative works. Per § 107 it is believed that reproduction for criticism, comment, teaching and scholarship constitutes fair use and does not infringe copyright. It is believed that the use of a picture to illustrate the three-dimensional work of art in question, to discuss the artistic genre or technique of the work of art or to discuss the artist or the school to which the artist belongs on the English-language Wikipedia, hosted on servers in the United States by the non-profit Wikimedia Foundation, qualifies as fair use under United States copyright law. Any other uses of this image, on Wikipedia or elsewhere, might be copyright infringement. To the uploader: please add a detailed fair use rationale for each use as well as copyright information on the original artwork.

This work is copyrighted and unlicensed. It does not fall into one of the blanket acceptable non-free content categories listed at Wikipedia:Non-free content#Images or Wikipedia:Non-free content#Audio clips. However, it is believed that the use of this work in the articles "Claes Oldenburg" and "Pop Art": To illustrate the subject in question Where no free equivalent is available or could be created that would adequately give the same information On the English-language Wikipedia, hosted on servers in the United States by the non-profit Wikimedia Foundation ([1]), qualifies as fair use under United States copyright law. Any other uses of this image, on Wikipedia or elsewhere, may be copyright infringement. See Wikipedia:Non-free content and Wikipedia:Copyrights. To the uploader: this tag is not a sufficient claim of fair use. You must also include the source of the work, all available copyright information, and a detailed non-free use rationale.

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