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LauraI am not so sure about how copyright law affects scans of cards. Part of the issue is the age of the card itself. Another part of the issue is the scan that the owner of the card has created.
The U.S. Copyright Office states that "Copyright protects 'original works of authorship' that are fixed in a tangible form of expression. The fixation need not be directly perceptible so long as it may be communicated with the aid of a machine or device."
With cards, we're dealing with copyright law regarding publications, under works of visual arts (see this link for some interesting info: http://www.copyright.gov/circs/circ40.pdf). Cards fall under the "publication" label by their nature.
And then you've got the whole issue of the scan of the "publication" and whether or not someone else is using your scan under the concept of "fair use."
IANAL (I am not a lawyer) and don't really want to devote my afternoon to wading through the copyright law website. But I am a photographer, and I personally feel that if I a) own a card, and b) make the scan of that particular card, then I own the scan, and someone using it to sell something that is mine (the card itself) does NOT fall under "fair use", and I'd be irked if someone did so.
But I don't know for sure. I suppose we could put little disclaimers in our auctions about "This scan is property of blah blah and may not be used without written permission blah blah legal crap..." but gosh, it just seems like bad manners to take someone else's scan, without their permission, to sell something that they own and you don't! Plain bad manners to me. ((shrug))