I thought Fair Use could only be applied to non-profit uses. Google is definitely not a non-profit entity.
These Court cases always fascinate me. At the link above, there is another link to download the oral arguments. I have not yet read it.
However, I have yet to read a decision of the challenge to "copyright infringement" for works that were sold at some time in the past, may become relevant years later, and neither the copyright holder nor the publisher has any interest in reprinting the work. This results in high interest works, the few copies of which appear for sale, selling for outrageous amounts.
This benefits neither the general public, the author or the publisher.
I assume I can copy and keep a handwritten copy from an original for personal use.
I can also scan an existing copy and keep the copy for personal use.
If I am wrong, please let me know if (and where) these questions can be answered.