The person with the most straightforward case of infringement is the one who owns the copyright in the photograph itself. Photographs are protectible under copyright law; however, the copyright must be registered with the United States Copyright Office in order to enforce the copyright. Information on determining who owns the copyright in a photograph and registering a copyright can be found at www.copyright.gov, or an intellectual property attorney can help. There is more of a problem in whether there is infringement of any copyright in the motorcycle itself. "Useful articles" cannot be protected under copyright law and so the owner of the motorcycle may or may not have an infringement case. If the motorcycle is entitled to copyright protection for its "aesthetic features" as compared to its "utilitarian features," the owner must also register that copyright with the United States Copyright Office in order to enforce it. For a case with similar (but not identical) facts, look up Latimer v. Roaring Toyz, Inc., United States Court of Appeals for the 11th Circuit, Case No. 08-16665.
Answered on Dec 09th, 2011 at 5:46 PM