He most likely does not have the right to sell the pictures without the bands consent - thats why you have to have "model releases". But this doesn't matter, as

He most likely does not have the right to sell the pictures without the bands consent - thats why you have to have "model releases". But this doesn't matter, as he didn't try to sell the pictures. The case is based on unlicensed commercial usage of the photographers pictures. If I were to translate "Harry Potter" into a different language, the copyright of the translation would be clearly mine. I would not be allowed to sell it without an agreement with the copyright holder of "Harry Potter", neither would Joanne Rowling be allowed to use my translation without my agreement.