A federal copyright lawsuit filed in Philadelphia, Pennsylvania, United States, accuses the organizers of the Barber Vintage Festival in Alabama of using photographs of motorcycle racing figure Eraldo Ferracci without authorization.
The suit was filed on October 6, 2026 in the U.S. District Court for the Eastern District of Pennsylvania under Case No. 2:26-cv-07623. The plaintiffs are Hard Knocks Unlimited, Inc., publisher of Sportbikes Inc. Magazine; its CEO Allan Lane; and photographer Michael Spain-Smith. They are represented by Michael T. van der Veen and Brian D. Schroeder Jr. of van der Veen, Hartshorn & Levin.
The defendants are Barber Companies, Inc., Barber Motorsports Museum and the Barber Vintage Festival.
Alleged unauthorized use#
The complaint alleges that Spain-Smith photographed Ferracci around April 2015 at Fast by Ferracci in Willow Grove, Pennsylvania. Lane and Hard Knocks Unlimited commissioned and licensed the photographs for publication in Sportbikes Inc. Magazine, but the plaintiffs say the images were never licensed or transferred to Barber for event promotion, social media, posters, auction artwork or other commercial uses.
Spain-Smith registered the photographs with the U.S. Copyright Office on January 20, 2026.
The lawsuit claims the photographs were used across:
- YouTube
- Promotional and press materials
- Commissioned artwork, posters, auction materials and fundraising content
The complaint also alleges that Barber commissioned artist Katherine Anne Hicks to create a painting and posters based on the photographs for the festival and related fundraising and auction activities. It further alleges that Barber commissioned artist Makoto Endo to create a live painting at the festival using one of Spain-Smith’s photographs, which was later auctioned. The lawsuit states that these activities generated revenue and other commercial benefits for which the plaintiffs claim they are entitled to compensation.
Demand letters and continued use#
The plaintiffs allege they sent Barber a demand letter on December 23, 2025, seeking an end to the alleged unauthorized use, an accounting and licensing discussions. After receiving no response, they sent a second notice and demand letter on February 4, 2026, again demanding that the use stop and requesting an accounting and preservation of evidence.
The complaint alleges that Barber continued using the photographs after receiving notice of the plaintiffs’ rights, including on its website on May 25, 2026.
Statements from counsel#
“The issue here is not simply that photographs appeared in promotional materials,” said Michael T. van der Veen, founder of van der Veen, Hartshorn & Levin. “The complaint alleges that copyrighted photographs were incorporated into advertising, commissioned artwork, fundraising and auction activities without authorization, and that the use continued after the rights holders formally demanded that it stop. Photographers and creators have enforceable rights in their work, including how that work is reproduced, displayed and commercially used.”
In remarks that referenced artificial intelligence (AI), Brian D. Schroeder Jr., associate attorney at van der Veen, Hartshorn & Levin, said: “It’s a shame these individuals aren’t giving credit where credit is due, especially to their own colleagues within the motorsports industry. One’s creativity is a beautiful thing, and we must protect it at all costs, especially in the age of AI.”
Claims and relief sought#
The lawsuit alleges copyright infringement, willful copyright infringement, and vicarious and/or contributory copyright infringement. The plaintiffs are seeking damages, profits attributable to the alleged infringement, statutory and enhanced damages where available, attorneys’ fees and costs, and injunctive relief requiring the defendants to stop using the photographs and remove them from websites, social media, advertising, promotional materials and other media under their control.
The plaintiffs are also seeking an accounting of revenue and profits allegedly connected to the use of the photographs, including sponsorship, ticket, auction, artwork and poster revenue. They have demanded a jury trial.
The lawsuit was filed days before the 2026 Barber Vintage Festival, scheduled for October 9 to 11 at Barber Motorsports Park in Birmingham, Alabama.
