purplecape, I didn't intend to pre-empt the court. But I can see that there's a case to be made for it being a scholarly work. That covers more than analysis. It can also be simply organising information. I think if I released a shakespeare lexicon, or guide to Shakespeare's characters, that would be considered "scholarly."
The fact that she doesn't like the quality of the work, or that she wants to do something like this herself... these seem like distractions from the central question. Does this guy have the right to do it? If he does, then these things don't really matter.