You're saying if one guy fixes some scratches/blemishes on a photo he doesn't own -- no one else in the world can reprint that same image. Even if that same photo was printed decades earlier in different magazines or sold in multiple copies? So it is absolutely not unique. And what if someone else does more repair / rework on it ... or changes it from color to B&W ... the next guy is not allowed to do anything with it because one person fixed a scratch? It's clear the publisher reworked all of the images ... they are no longer in color and they say they also spent alot of time with them in PhotoShop. And I've seen some of these same photos on many sites around the net and in old books and magazines printed long ago. I suspect some are from startrekhistory but could just as easily have originated elsewhere or from identical paper photos or other film clips.
The restoration work of Star Trek History goes above and beyond one person fixing a single scratch. This is plainly demonstrated on their website.
If Jacobs Brown Press had used the same raw images (i.e. the Lincoln Enterprises frames) and done their own restoration work, I'd really have no problem with their efforts. But that's not what they did; instead, they (or Gurian) pilfered the restored images from Star Trek History (and birdofthegalaxy) and used them in the book.