Work Under Commercial Exploitation
"If the work is 'out of print' and unavailable for purchase through normal channels, the user may have more justification for reproducing it." S. Rep., p. 64. However, the same is not true when the work “is not ‘out of print’ in the typical sense, [where] it was the copyright owner’s decision to withhold the book, and not the dearth of sales, that led to its withdrawal from the market.” Peter Letterese & Assocs. v. World Inst. of Scientology Enter.
Not ‘Out of Print’ – Example
Peter Letterese & Assocs. v. World Inst. of Scientology Enter.
‘Out of Print’ – Example
Basic Books, Inc. v. Kinko's Graphics Corp.