The use of recent editions of primary texts in text and data mining procedures can considerably simplify the machine-readable preparation. In addition, scholarly editions can be sources of additional information, such as metadata, orthographic explanations and interpretations, as well as existing specialised literary analyses by the editor. If these different parts of an edition are used, this can interfere with the ancillary copyright for scholarly editions under Section 70 Copyright Act. This paper shows which parts of a scholarly edition can be used freely and which parts are subject to copyright restrictions.