But you do understand how it could be really frustrating for StarTrekHistory and birdofthegalaxy to spend their money to purchase these clips, and spend their time and money restoring the clips, spend their time and money to "make them freely available on the Net" so that others can enjoy them, and forgo for themselves any kind of income in doing all this--only to have someone else come along and use the exact same pictures and sell them in a book, right? You do see that StarTrekHistory and birdofthegalaxy evidently could have monetized these very same pictures years ago just as this publication is now doing but that they intentionally refrained from doing so, right?
I see what you're saying. Maybe the book's captions and acknowledgements should have been more generous.
Or better yet, the book should have skipped the photos altogether, because as we now see, they are just causing
a trivial distraction from the text of the book, which is its only selling point in a world where big, color, higher-res web images are free.
As startrekhistory's own legal tab admits, they don't own the material any more than Lincoln Enterprises ever did. They are just making a "fair use" argument.
The very same legal rationale, fair use, can be argued for the
Voyages book.
On top of that, making money has nothing to do with it. Back during the heyday of peer-to-peer music sharing (remember Napster), the big record labels went ballistic and sued like crazy, despite no money being made. What mattered was, are you diminishing someone else's ability to make his rightful income. And that isn't happening to startrekhistory or birdofthegalaxy. They have no rightful income to diminish.
And on top of that,
the author won't be getting rich from this project. If you figure the amount of time he spent writing his book against the money he will make, especially on a "net" basis, the money is embarrassingly small. Based on past cases I'm familiar with, he probably worked a year for about $13,000.
And he had to do all the work
up front and now he hopes to get paid even that much.
He'd get farther financially if he spent the year working at McDonald's or Walmart. As with startrekhistory, he is essentially giving the ST community a thing of value at some personal sacrifice.