David,

Actually, the Copyright Act does not exclude images or photographs from fair use.

17 U.S.C. §107 applies to "copyrighted works," which includes photographs, illustrations, paintings, books, articles, music, and other creative works. Whether a particular image qualifies for fair use depends on the specific facts and the four statutory factors, not on the type of work alone.

Courts have repeatedly analyzed photographs under the fair-use doctrine. Images are routinely used under fair-use principles in news reporting, historical publications, educational materials, research, museums, libraries, archives, documentaries, and scholarly works. The question is never simply, "Is it an image?" The question is whether the particular use is fair after considering all four statutory factors.

Likewise, copyright does not protect historical facts. Casino names, locations, denominations, manufacturer information, issue dates, catalog numbers, and other factual information are not copyrightable. Historical artifacts themselves are also not protected by copyright merely because they are documented in a reference guide. Multiple organizations may independently document and present the same historical objects and factual information.

None of this means every use of an image is automatically fair use. Each situation must be evaluated on its own facts. But it is not accurate to say that fair use "does not apply to images." The law, and decades of court decisions, clearly show otherwise.