"There are, however, situations where the initial bibliographic determination may be revised from in-copyright to public domain, for instance, if the copyright holder failed to renew the copyright (for works published in the US between 1924 and 1963) or failed to include a valid copyright notice (for works published in the US between 1924 and 1977). See the Copyright Review Management System, United States (CRMS-US) and Copyright Review Management System, World (CRMS-World) projects for more information. In addition, under Section 108 of the US Code (Reproduction by Libraries and Archives), volumes that are damaged or deteriorating, and for which an unused replacement copy cannot be obtained at a fair price, may be made available online on Library premises only."

"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."