What do you mean?
The scanning process destroys the book.
Internet Archive scans their books one page at a time keeping the book intact and stored in a warehouse.
> "The print original was destroyed. One replaced the other."
(I believe the reasoning is that the author is not being financially disadvantaged by more copies of their book existing).
So the current law prefers them to destroy.
I usually hear that it's extremely hard to track down the copyright owners for many older things. That's the reason the film/video industry often gives for not digitising the backlog online, and I would expect their volume to be much easier to handle than the book industry.
It’s really not important to come with a totally bulletproof 100% accurate rule here.