Pete-

I'm, going to have to dig out my copyright text book. I beleve the right to make a derivative work is one of the exclusive rights a copyright holder holds. So unless there is some fair use exception (such as, as you suggest, for the sale of an item), it would be an infirngement. Even if it is an infringing derivative work, however, that work may still be worthy of copyright protection -- that's the part I can't remember.

Of course, even if it is deserving of protection, I would think the person who did the scan would have had to do more than simply place it on his scanner and press a button. I think he'd have to show some level of creativity.

This would probably be a great final exam question for a copyright class.