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If I have a physical textbook, and I make photocopies of most or all of it for a class, and highlight & mark up the copy, that's legal fair use in the US. If I later sell the original, that's legal too; if I've forgotten where I put the marked-up copy, that doesn't mean I can't sell the original.
The quality of digital copies in comparison to physical copies isn't addressed by the law. Some copying is legal; retention of legal copies after selling the original is also legal. (Or at least, has never been prosecuted or sued for, AFAIK.) Certainly nobody's going to sue over *unintentional, unused* digital copies.
Copies made with the intent of selling the original would be a different situation.
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