I agree with all your analysis. In this case the presentation is discarded and, as I see it, only the facts are retained.

For example in parsing chemical structure diagrams what is recorded are things like the number of atoms in a section of a molecule, their angles and what kind of bonds exist to neighbouring molecules. These data are then analysed to generate the formula and re-construct a correct diagram.

There are no licenses to my knowledge on older papers that allow publishing the analysis (but within the University we have agreements with JSTOR, for example). Looking at public domain stuff is OK. This is part of the issue - that knowledge should be a public good.

If you're a lawyer I'm sure Peter would appreciate hearing your opinion.