It gets murkier by the fact that so much is out of print and never have been OCR'd even by the author or publisher. Copies just can't be bought for much of it.

It gets murkier by the fact that so much is out of print and never have been OCR'd even by the author or publisher. Copies just can't be bought for much of it. Also, increasing discoverability through being searchable feels like it should pass under fair use. Can't make it searchable without a digital index, and an index can't be made without scanning!