Originally Posted by Nate the great
The scan might be copyrighted, but if you OCRed the scan the resulting text file would not be under copyright.
They might claim
a copyright on the scan (as Google do), but that doesn't mean they have one. A direct photographic reproduction of a two dimensional work is generally not considered to attract copyright under US law, as is does not contain any originality. (Corel vs Bridgeman)