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and Labour notebooks, depending on whether or not they were previously published, and images of medieval manuscripts.

The images created from these materials may also have proprietary rights in the format by virtue of the software used in their creation e.g. pdfs.Commercially available software may produce images which include coding that is copyright or patented and so create and intellectual property interest in the resultant image.

2.8.3 Digital forms and IPR

Creating digital forms for out-of-copyright material or material for which there is no protection can involve three new sets of rights: intellectual property rights in the new digital form, rights in the form produced by using proprietary software to create it and possibly publication right. For example, creating

  • digital images of artefacts will create new copyright in digital photographs which the institution may wish to exploit,

  • images of out-of-copyright textual works using commercial software may create in a new image a residual IPR interest which is derived from the software used,

  • digital forms of out-of-copyright material could give publication right.

In the case of making digital images from old photographs that are out of copyright, it is arguable whether there is new copyright created. This will depend on the skill exercised in touching up and finishing the digital image to achieve a good digital image. In the UK, it is likely that there will be new copyright protection but in some jurisdictions this may not be the case.

As creating a digital form of material is making a copy, a restricted act, great care should be taken to observe the intellectual property rights of the original.

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