I am not familiar with this "crazy argument".

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.

Do you have any sources that refute this?

[1] http://www.law.cornell.edu/copyright/case/499_US_340.htm

[2] http://www.law.cornell.edu/copyright/cases/36_FSupp2d_191.ht...