van der Veen, Hartshorn & Levin Sues Barber Vintage Festival Over Alleged Unauthorized Use of Eraldo Ferracci Photographs

Attorneys Michael T. van der Veen and Brian D. Schroeder Jr. represent Sportbikes Inc. Magazine publisher, CEO and photographer alleging unauthorized commercial use of copyrighted Eraldo Ferracci photographs

PHILADELPHIA, Oct. 6, 2026 /PRNewswire/ -- Michael T. van der Veen, founder of van der Veen, Hartshorn & Levin, and associate attorney Brian D. Schroeder Jr. have filed a federal copyright infringement lawsuit on behalf of Hard Knocks Unlimited, Inc., publisher of Sportbikes Inc. Magazine, its CEO Allan Lane, and professional photographer Michael Spain-Smith against Barber Companies, Inc., Barber Motorsports Museum and Barber Vintage Festival.

The lawsuit, filed in the U.S. District Court for the Eastern District of Pennsylvania (Case No. 2:26-cv-07623), alleges that Barber used Spain-Smith's copyrighted photographs of motorcycle racing legend Eraldo Ferracci without permission in connection with the 2025 Barber Vintage Festival and related promotional activities. The complaint alleges the photographs were used across Instagram, Facebook, YouTube and LinkedIn, in promotional and press materials, and in commissioned artwork, posters, auction materials and fundraising content.

According to the complaint, 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 complaint alleges they 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 complaint further alleges that Barber commissioned artist Katherine Anne Hicks to create a painting and posters based on the photographs for the festival and associated fundraising and auction activities. It also 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. According to the lawsuit, these activities generated revenue and other commercial benefits for which the plaintiffs claim they are entitled to compensation.

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 despite receiving notice of the plaintiffs' rights, Barber continued using the photographs, including on its website on May 25, 2026.

"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."

"It's a shame these individuals aren't giving credit where credit is due, especially to their own colleagues within the motorsports industry," said Brian D. Schroeder Jr., associate attorney at van der Veen, Hartshorn & Levin. "One's creativity is a beautiful thing, and we must protect it at all costs, especially in the age of AI."

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, as well as 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. The plaintiffs have demanded a jury trial.

The lawsuit comes just days before the 2026 Barber Vintage Festival, scheduled for October 9–11 at Barber Motorsports Park in Birmingham, Alabama, bringing heightened attention to the dispute as the annual event prepares to return.

The plaintiffs are represented by Michael T. van der Veen and Brian D. Schroeder Jr. of van der Veen, Hartshorn & Levin.

About Michael T. van der Veen

Michael T. van der Veen is the founder of van der Veen, Hartshorn & Levin in Philadelphia. His practice includes personal injury, criminal defense, commercial litigation, family law, employment law and civil rights. Through decades of trial practice in state and federal courts, he has developed a reputation for strategic courtroom advocacy and client-focused representation in complex legal matters.

About van der Veen, Hartshorn & Levin

van der Veen, Hartshorn & Levin is a nationally recognized law firm based in Philadelphia, Pennsylvania. The firm provides representation in criminal defense, civil litigation, personal injury, business disputes, and appellate matters. Led by founding partner Michael T. van der Veen, the firm is known for its trial experience, strategic advocacy, and commitment to protecting clients' rights in high-stakes legal matters.

To contact van der Veen, Hartshorn & Levin for legal representation, visit the firm's website at: https://www.mtvlaw.com.

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