Q. Can I make a copy of a book that is out of print and unavailable?

Yes. This is another example of personal use. If one engages in the fair use analysis, one finds that:

1. the purpose of the use is educational versus commercial;
2. the professor is using the book, a creative work, for research purposes;
3. copying the entire book would normally exceed the bounds of fair use, however, since the book is out of print and no longer available from any other source, the copying is acceptable;
4. finally, the copying will have no impact on the market for the book because the book is no longer available from any other source.

If a professor were to place the copy of the book on reserve in the library, this use would also be considered a fair use.

However, if one were to make the book available on the Internet, then the use is not a fair use. Placement on the Internet would allow unlimited access to the book. This would affect the copyright holder's public distribution rights for the book.