The literary work is out of copyright but the typography
(the layout of the book) may be protected
by copyright. So whilst digitising the text per se is not infringing any copyright, digitising from
a
modern printed edition will. Thus you should find an edition that is out of copyright and digitise from
this. An alternative would be just to type in the text yourself and thus not use the typography.
But
be careful in relation to abridged editions and those with notes as these may be subject to
copyright which has not expired.
