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On 2012-12-12 16:11, Dominik Wujastyk wrote:
> Dear colleagues,
> 
> Let's say I take an out-of-copyright printed edition of a work (P), 
> and type
> the main text of it (say, /Hamlet/) into my computer, producing an 
> e-text
> (E).  I encode it using the TEI guidelines.
> 
> I am interested in whether or not I can claim copyright of E, my TEI 
> file.
> It is a question of whether E is a " derivative work
> <http://en.wikipedia.org/wiki/Derivative_work>  " or contains 
> sufficient "
> originality <http://en.wikipedia.org/wiki/Originality>  " to qualify 
> for
> copyright.

If your TEI-file merely faithfully documents the state of the 
manuscript you digitised, it is unlikely to meet originality standards 
in most jurisdictions. It may be eligible for weaker forms of copyrights 
in some jurisdictions that recognise collections of facts as 
copyrightable though. So the eternal answer remains: it depends.

Regards,

  Walter

(lawyer, but only practicing in NL)