On the contrary, Feist Publications v. Rurual Telephone Service Company[1] (SCOTUS, 1991) and Bridgeman Art Library v. Corel Corp[2] (NY district judge, 1990) both seem to show that scanning a document without original authorship does NOT support copyright in US law.
http://en.wikipedia.org/wiki/Google_Books#Copyright_infringe...
But as far as I know, there has been no ruling, yet, as everything is either still pending, or settled out of court.