> I also think a sane interpretation of fair use would be that the scan is a new / derivative work that is transformative
The creative part being protected by copyright are the words, not the physical pages. You're not transforming the words; you're transforming the paper to bitmaps. All the words and concepts within them are the same. It's not transformative in the same way ripping a CD to an MP3 isn't transformative.
If I change the font for an ebook, have I meaningfully transformed it?
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