very interesting.
I'm dubious about that too. there is not "originality" added to an scanned image, it's a copy of an image already created in physical form.
It's not like a picture.
How I see it, examples :
- I scan a scaleplan under copyright, the original author owns the copyright of my scan. I should in fact have authorization before scanning.
If I scan a long out of copyright scaleplan, then my scan is just a copy of a thing out of copyright, and I don't own any on it either.
there is no originality added by the scan per se. its a copy.
If I modify that out of copyright scaleplan (to what extent is the question), then yes, a new copyright apply.
- If i take a picture of a Mercedes car in the street, I own the copyright of that picture, because it's my interpretation of the image of a Mercedes in the street, and it's original. Mercedes doesn't own copyright on my picture, but on the design of the Mercedes car.
If I try to do and manufacture copies of Mercedes, then yes, problems.
But I may be wrong...
On the other hand, see how some flight sim creators had much problems incorporating aircrafts still having brands names in their sims...
One could argue that the 3d models incorporated in their sims are their original interpretations of the physical object.
After that, it's like many things, one maybe be "wrong" in claiming copyright of something, but pays a lawyer enough to be "right" in the end...