HathiTrust offers users at United States member institutions access on a limited basis to works in HathiTrust where print copies of the works held currently or previously by member institutions fall under Section 108 conditions: where the print copies of the works are damaged, deteriorating, lost or stolen, and a copy is not available on the market at a fair price.
As a part of becoming a member, institutions are required to submit information about their print holdings for fee calculation purposes (see http://www.hathitrust.org/print_holdings ). As a part of the print holdings data, we request information about the holdings status and condition of works. We use the holdings status and condition information submitted by institution, in combination with information about the market availability of works stored in the HathiTrust rights database, to determine whether or not access to applicable in-copyright works is allowed. The terms of access are as follows:
A general scenario of how out of print determinations are made and communicated to HathiTrust is available in the HathiTrust rights database documentation: http://www.hathitrust.org/rights_database#op .
In general, when users access HathiTrust, works that are not available for copyright reasons are labeled in the interface as "Limited (search-only)". Under the terms above, if a user from a member institution logs into HathiTrust and accesses a regularly "Limited (search-only)" volume that has been identified as falling under Section 108 conditions, the volume appears to the user as "Full view". A message is displayed in the PageTurner notifying the user that the work is in copyright, but made available in accordance with statutory limitations, linking to the HathiTrust Access and Use Policy for such works at http://www.hathitrust.org/access_use#ic-access ).
If you have questions about access to out of print or lost or missing works, or would like to participate in identifying out of print works owned by your institution, please contact us at firstname.lastname@example.org .
Access to these works is currently only available under United States law in the United States. However, access may be offered to member institutions in other countries where the country's law permits.