"Does their scanning of the photos add such a transformative element" Keep in mind also that they did more than scanning. They took undeveloped film and develo

"Does their scanning of the photos add such a transformative element" Keep in mind also that they did more than scanning. They took undeveloped film and developed it first. (Which took effort and skill with old film). Without that development the pictures would not exist (see my updated "edit"). "I've seen many websites attempting to make this claim with lists, and they make it technically non-trivial to copy the data from their site, but should such a case actually make it to court, I don't think the claim would hold water." This is not unusual since most things don't end up in court and what you are trying to do is attempt to scare someone into not taking a chance of infringing. Example is a few years ago we got notices to pay $650 for some images on a website we had from getty images for something that came off of a cd in the 90's (clip art) that was clearly purchased with a license. Getty had no right to do that but they "sprayed and prayed" hoping that some people would pay the $650. Of course it wouldn't hold up in court but there is no doubt that some companies (not ours) paid the $650 (or whatever the amount was don't remember). Nobody goes to court over $650 and hires a lawyer to defend etc.