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The despecialized edition uses a ton of cleaned up shots that don't change in a story sense but have grain and wires and other compositing errors cleaned up. These are new works. Even the VHS release and any HD releases could be considered new works as the colour and sound would have been tweaked for each format. The best thing to do would be to find an original film print and have it scanned. Anything else would push the clock back.
The 4K77 project did just that, scan and color correction to reverse fading, and effectively no other processing so they cannot claim copyright. Arguably, Harmy's Despecialized Edition cannot either, even if the original becomes public domain, as it could be argued that their effort only served a technical purpose. I don't think you can scan, upscale and denoise Steamboat Willie (Walt Disney, 1928) and claim copyright on that even if you do it by hand.