Not under US copyright law. The Bartz case ruled that if you scan a book and destroy the original it's considered format-shifting and you're likely fine. But not so for keeping the original and using the scan in its place - Internet Archive tried that (in an incredibly limited way), and publishers sued and won.

So companies scanning books already know they'll be sued, successfully, if they don't destroy the originals. So they destroy the originals.

When you read "rare books", what are you thinking these are? The 404 article that spun this story up goes into more detail. These are like vanity press books. They're rare because nobody cares about them. The book industry already destroys these books.