The House Committee on the Judiciary heard testimony on November 19th from the Association of American Publishers. The testimony is well worth reading.
In this digital age, there has arisen a “new jurisprudence” of courts that have strayed from the statutory language and Supreme Court precedent to justify practices that apply Fair Use differently to digital materials than to print.
Some courts have given less weight to the impact of systemmatic unlicensed copying of digital materials on the market for legal, licensed copies than to subjective ideas of "the public good" (and of course, the consumer will always prefer "free"), and those who would bilk authors for their own benefit will always claim that scanning a print work to create a digital copy is "transformative".
See P 3 for more on this. Teachers were never given a free pass to make multiple copies of copyrighted works to save their students money if that copying did not meet the criteria of "Fair Use".
.... The GSU litigation concerns the university’s claim that its notable changeover from providing students with licensed paper “course packs” of portions of copyrighted works for curriculum reading to providing unlicensed digital versions of the same kind of materials for the same purpose is protected fair use.
There's a great deal more in the testimony to inform and delight. I hope you check it out.