I think it's possible that StarTrekHistory was not, in fact, relying on "Fair Use." I think they cleverly avoided the issue of rights and ownership and public domain and fair use and other legal mumbo jumbo by forgoing any kind of revenue from these images entirely--whoever
actually owns them even after their restoration work. I think their willingness to not derive any revenue of any kind speaks highly of their scholarship and generosity.
And then comes along someone who is not
willing to avoid the issue of rights and ownership and public domain and fair use and other legal mumbo jumbo and is not
willing to forgo any kind of revenue from these images. Along comes someone who asserts that these images, whosever they actually are, can be shared with people in order to generate revenue
. They've decided to exploit these images, rather than studiously avoiding that exploitation. I can understand StarTrekHisotry.com's frustration at not having monetized these images--and then have this project come along and do exactly that--and with the very same images--regardless of the provenance of the images.
Of course, if these images were not actually independently obtained by the collector and were simply harvested from others' restoration efforts, I can doubly understand their frustration. It would be interesting to learn if the collector of these images for this project is actually able and/or willing to produce the original, unrestored clips in some way. Are they still in the collector's possession? Or does the collector only have the restorations at this point? It would also be interesting to know if the collector was compensated in any way by the publisher for all these images.
Whatever the full story is here--wherever the images came from, and whatever money was changing hands--I do know that this aspect of the These Are the Voyages
project sure has become an albatross around the neck of the publisher.
This is not a trivial argument. It's about the principle of the thing.
Frankly, given this kind of stuff, I wouldn't blame the Star Trek History site if it stopped posting material entirely. Why do the hard work of restoring these photos if someone can just swipe them and use them in a commercial product, no matter if it's going to make a profit or not. You just don't TAKE the hard work done by other people and use it as you see fit.
And that's my last post in this topic as I'm through wasting time with the apologists here who brush this off.
You are SO wrong about this. As was said, startrekhistory.com does NOT own these images and was relying on fair use laws to show them on their site. So this publisher is completely entitled to behave the same way. Restoring a photo to its original appearance in the '60s doesn't give anybody special ownership rights; no doubt the book editors / photography team also worked with the pics in PhotoShop - if you read some of the Amazon comments. That could be just as hard work. And it's obvious to most people that putting tiny black and white photos in the book is hardly exploiting them.