The complaint, filed by attorneys Michael T. van der Veen and Brian D. Schroeder Jr. on behalf of photographer Michael Spain-Smith and Sportbikes Inc. Magazine, targets Barber Companies, Inc. and the Barber Motorsports Museum. The plaintiffs assert that Spain-Smith’s 2015 photographs were integrated into social media campaigns, posters, and even live painting commissions without a licensing agreement. According to court filings, the defendants continued to feature the imagery on their website months after receiving cease-and-desist notices in late 2025 and early 2026.
Lawsuit Targets Barber Vintage Festival Over Unlicensed Photography Use
A federal copyright infringement suit filed in Philadelphia alleges that the Barber Vintage Festival and its associated entities used images of racing legend Eraldo Ferracci without permission. The legal action claims the organizers ignored multiple formal demands to cease using the copyrighted work in promotional materials, artwork, and auctions.
Beyond simple promotional use, the lawsuit highlights the commercialization of the photographs through commissioned artwork by Katherine Anne Hicks and Makoto Endo. These works were reportedly used to generate revenue through event auctions and fundraising. The plaintiffs are seeking statutory damages, a full accounting of profits linked to the disputed images, and an immediate injunction to pull the content from all platforms. The case arrives just days before the 2026 festival, scheduled for October 9–11 in Birmingham, Alabama, placing the event organizers under significant legal pressure.
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