Is the following correct?

Many microfilm producers have paid for the rights to create and then sell microfilm of historical documents.  Publishing this microfilm content without permission of the copyright holder is an infringement of copyright unless the microfilm content is in the public domain.

My interest are some 18th century British government records in a British government archives which were microfilmed (and the microfilm sold) by a private U.S. company in 1974.  Can I assume that the original records are in the public domain?  The only copy is the microfilm.  Is the microfilm company's claim to the copyright valid if the content is transcribed from the microfilm and placed on a Web site?

I welcome your comments.  Thank you and sincerely, Peter

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