Availability to copy from the web isn't now, nor was it then, an issue. Using copied material without expressed permission to do so to make a profit from that usage is an issue, at least in this country. Also, intentional non-profit use of the material without permission is an actionable offense. The issue doesn't stop at just copying material. Using copyrighted phrases or symbols without permission or commissions paid for the privilege will result in cease and desist court orders. IOW, I could copy and paste photos or written content from the US Olympic website. Posting the material (republishing it) is a violation of copyrights, and the USOC will be rightfully jumping down my throat for doing so. How many casino chips have stayed available in casinos that have the words "Super Bowl" printed on them after the NFL sent their legal eagles after them for copyright infringement? Could the casino say "we found the image online, so it is free use"? No, they couldn't and didn't when asked/ordered to remove the chips from circulation.

The guy who stole your scans fed you a line of BS, and your attorney should have known better.