"How about Fair Use? If the material is no longer sold it can be redistributed.." We'll stop right there. Fair Use does not grant rights of redistribution. Note that fair use also only allows for excerpted use, not the entirety of a protected work, and that the educational purposes you are referring to deal (and have been adjudged as pertaining to) display, not transmission (which is redistribution). Fair use is not meant to allow educators free use of stuff. It is not meant to allow journalists free use. It is intended to allow inference, example, and legitimate display of a work to a specific purpose. No one can take the entirety of a novel and line by line crititque it and publish that. That is not fair use. Note that "real injury" is not required. Money does not have to change hands in order for the power of copyright to be diluted enough to make the rights worthless.

thou and I, my friend, can, in the most flunkey world, make, each of us, one non-flunkey, one hero, if we like: that will be two heroes to begin with. (Carlyle)