In article ,
wrote:

"derivative works" are works, involving some original/creative effort, but
'based on' the creative work of another.

The person who creates the 'derivative work' owns the copyright on
_their_ "creative effort" part of the final work, and that part *only*.

To reproduce that derivative work, you must have the consent/permission
of *BOTH* the creator of the derivative work, _and_ that of the owner of
the original, or 'underlying' work.

By definition, the producer of a validly copyrighted
derivative work does not need the permission of the owner of the
underlying work.

BZZZT! thank you for playing.

To produce a derivative work, no.

To *reproduce* that derivative work for anything other than 'personal
use', or for 'fair use' purposes. yes.

(See the "Gone With the Wind" controversy.) Hence,
the reproducer of the derivative work need not go any farther back
than the producer of the derivative work.

_Current_ copyright law *expressly* disagrees with you. As does a large
body of case law on point.

17 USC 103 (b)
The copyright in a compilation or derivative work extends only to
the material contributed by the author of such work, as distinguished
from the preexisting material employed in the work, and does not imply
any exclusive right in the preexisting material. The copyright in such
work is independent of, and does not affect or enlarge the scope,
duration, ownership, or subsistence of, any copyright protection in
the preexisting material.


But you are free to act as you please. I am not your lawyer, and I am
not advising you on the matter.

Postulating that both copyrights are
still in effect. If the 'underlying' work _is_ in the public domain,
the derivative work copyright is _still_ valid.


A 'raw' scanned image of a page (or a series of scans of a booklet) does
not satisfy the 'creative' requirement for a derivative work.

A scanned image that has been 'cleaned up' -- rotated to square, de-speckled,
contrast-enhanced, etc. -- based on the esthetic judgement of a person,
*does* have creative effort involved, and 'derivative work' protection
applies.