Time Limits For Fair Use of Digitized Images

The Educational Fair Use Guidelines for Digital Images (the "Image Guidelines") indicate, with one exception (see below), that images may be digitized for educational purposes, but such images may only be used in accordance with fairly serious limitations. One of the most fundamental limitations is temporal: depending upon when the institution added the image to its collection (before or after Dec. 31, 1996), whether the source is known and whether the image is readily available in electronic form, the reasonable period of time for the educational fair use of the image varies. Underlying all these time periods, however, is the assumption that whenever possible, institutions will acquire digital access or permission to digitize and use from the copyright owner.

The following is a table that summarizes the time limits contained in Sections 2.4 and 6.2.1 of the Image Guidelines. The prohibition on digitizing newly acquired analog images that are readily available electronically is contained in Section 2.1. Below the table is a note about time limitations on retention and reuse of images digitized by educators and students for "spontaneous" use under Section 4.

**Use By Educational Institutions**
	Pre-Existing Collections	Newly Acquired Images
Source Known and Image Available Digitally	use images for a 7 year transition period during which institution seeks permission or digital access	should not be digitized
Source Known but Image NOT Available Digitally		use images for up to 1 academic term while seeking permission; thereafter, use without permission is subject to fair use analysis
Owner Unidentifiable	use images up to 7 years for pre-existing or 3 years for newly acquired while seeking permission or digital access; thereafter, if institution has determined that the copyright owner cannot be identified, use images indefinitely, subject to fair use analysis

Images Digitized by Educators and Students

Educators and students may use images they personally digitize under Section 4 (for spontaneous use) only once. Retention and further use of such images by the individuals or by the educational institution requires permission.

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Last updated: August 15, 2001