some folks have claimed that digital reproductions have their own rights (esp. if cleaned up or "digital development" of negatives was done) , but I've heard that called "copyfraud" -- it is a big issue in the cultural heritage institutions who want license fees as a revenue stream. Most publishers are willing to pay for reproduction rights, even if they are not needed, just to be on the safe side.

https://en.wikipedia.org/wiki/Copyfraud