It will be interesting to see if that fact will change how much weight courts give to the published status of a work. The commercial status of the work may also make a difference as to whether copying is fair use, though some courts have refused to take that factor into account. If it is going to make any difference at all, a Web page that serves a commercial purpose is better protected than one that does not serve a commercial purpose. The test relating to the amount and substantialness of the portion copied might be tricky when it comes to the Web. Generally, if someone copies an entire work, fair use is much less likely to be found than if someone only copies, say, a couple pages of a large book.
Web documents tend to be very modular.
Only a small amount of information is placed on a single page, and hypertext is used to link to other parts of the Web site. The last test, the effect of the use on the value of the work, is quite simple to examine. Because someone could freely go to a given Web page and copy it, that copy is not going to diminish any commercial value of the page. The fact that making a simple hard copy of a Web page for your own personal use does extremely little or no commercial damage to the owner of the Web page is likely the deciding factor that such copying is fair use. That is especially true when the copying is done for academic or research purposes, or when the information on the Web page is factual material.