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DMCA has been used to accomplish this in the US. A man who took a photo of a star wars action figure he had bought got issued take down requests for the photos. Also relevant is that the figurine was apparently accidentally sold ahead of schedule, but still.

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The difference is that in the US, if it was a picture he took himself, he was the actual owner of the copyright. The complaint was in the wrong if they simply confused their image with his.

It is unfair, but based on the inequality of legal resources, not because some third party owns a copyright on a picture that you take yourself.

They would argue that the photograph was a work derived from the creative work of the figurine.

I was reminded of that incident as well.

I think it's also worth noting that this was an illegal use of the DMCA. I'm of the mind that there should be liability for claimants knowingly misusing the DMCA to censor others.

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