A lawsuit between Hard Knocks Media and the Barber Museum comes just days before the 2026 Barber Vintage Festival, set for October 9–11 at Barber Motorsports Park in Birmingham, Alabama. The suit, 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 Eraldo Ferracci without permission in connection with the 2025 Barber Vintage Festival. The complaint alleges the photographs were used across Instagram, Facebook, YouTube and LinkedIn, promotional and press materials, and in commissioned artwork, posters, auction materials and fundraising content.
Hard Knocks Unlimited, Inc., publisher of Sportbikes Inc. Magazine, its CEO Allan Lane, and professional photographer Michael Spain-Smith contend Spain-Smith was commissioned to photograph Ferracci in April 2015 for publication in Sportbikes Inc. Magazine. The images were never licensed or transferred to Barber for event promotion or other commercial uses.
“The issue here is not simply that photographs appeared in promotional materials,” said lead attorney Michael T. van der Veen. “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.”
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 plaintiffs — represented by Michael T. van der Veen and Brian D. Schroeder Jr. of van der Veen, Hartshorn & Levin — have demanded a jury trial.
