Digitization & editing question

'Is it legal', 'can I do this' type questions and discussions.
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ShireBaggins
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Digitization & editing question

Post by ShireBaggins »

Hello
A very informative website. I have had a look at some of the older threads.

I bought an antiquarian book which has illustrations depicting wildlife. I understand that, applying the normal 'life +70 years' rule, the images are all outside of copyright. To keep the book in tact, I have digitized some images. I have also used computer software to edit them (size, background etc.)
I have framed some of the processed images and have them on display in my home.

My question is... if I did decide to sell some prints, would my digitization, and editing, impact the basic copyright position?

Thanks in advance.
J
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AndyJ
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Re: Digitization & editing question

Post by AndyJ »

Hi J

Cropping or low level editing alone is unlikely to attract a new copyright because, in effect, you won't have added any thing new, merely taken away some of the old. However a more radical alteration such as carefully colouring a black and white original might amount to new creativity and so the new part would attract copyright and you would be the owner of that copyright. However the underlying image would remain unprotected, so anyone who bought the same old book as you could make their own changes and provided they didn't copy your alterations, they would not infringe your work.

Digitization alone is very unlikely to create a new copyright because all you have done is copy the old work into a new format, something which if the original had still been protected by copyright, would amount to infringement. Digitization is largely a mechanical process which involves no human creativity, so it doesn't attract copyright.
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007
ShireBaggins
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Re: Digitization & editing question

Post by ShireBaggins »

Hi Andy, thanks for the information and appreciate your help 👍
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