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I'm not a lawyer, and laws aren't always logical or consistent, but I don't think a process needs to be destructive to be legal here in the US. The obvious example is music, where I can rip MP3s from my CDs or LPs* without needing to destroy them. However, I cannot get rid of either the originals or the copies, since they count as "back ups." If I want to sell my old CD I have to delete the MP3 copies.
I would think that a non-destructive scan would be legal if the original was returned to me, as long as I kept it for as long as I kept the copy.
* I rip and clean up LPs as a hobby. I have some great MP3s, but I also keep each LP I rip. I have a bunch of big plastic bins full of LPs in the basement.
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