The courts weigh each of the above factors in determining disputes. Works not bearing a copyright notice and unpublished works are also under copyright protection. Fair use applies not only to the copying of materials for coursepacks and for classroom instruction, but also for distance education and, thus, Web sites. Weigh the four factors given above and decide if your use falls under fair use or in favor of getting permission.
Individuals remain liable for their own actions.
Copyright owners will continue to sue individuals and possibly their universities. Giving copying to a commercial copyshop does not relieve individuals of liability for infringement. It would depend on whether the copying was fair use and whether the copyshop pays royalties. If the copying doesn't meet the four factors of the fair use test, individuals and the copyshop could be liable for infringement. Note that other criminal law covers access to on-line databases.