Legally you can't use his scans, as he owns them. Doesn't matter if they are on the Internet or not, and in fact, since he published them on the Internet, that gives him even more rights and protection! The lack of a copyright notice means the work is public domain. Not usually true. United States law in effect since March 1, 1989 has made copyright the default for newly created works.

You can link to his images, but stealing bandwidth is not an accepted practice. I don't know if he can do anything about links. Considering who it is and what he does, not many would criticize linking to his website images.

You can buy the chips or get scans from someone else and put them up all you want, especially as your site will be "educational" and newsworthy. Just can't steal someone else's scans.

Here's why NASCAR, the NFL, the NBA and all those letters have exclusive rights to their images. They have trademarked their logos, colors and names. The cars have advertising on them, which is more logos, trademarks and probably the car itself is protected. Drivers are public figures and would have a hard time stopping you, except when you are at a race, which is a private property issue, so you can't use them. You can take all the photos you want, but you can't sell them. The players, drivers, whatever, have legal protection and ownership of their own image.

Celebrities and Sports Teams

Famous people can prevent commercial usage of their image with the "Right of Publicity." Sports teams, associations and events generally don't permit unauthorized commercial usage of their players, stadiums, sponsors and events. They can use trademark law (for logos and names) and invasion of privacy (if people paid admission to get in).

What you can do. You can publish all the photos you want, from anywhere, of anyone, taken in a public place. (with some exceptions related to if the photo is defaming or used to make libelous claims, and some others.) If... you are not selling it. So on the web, a news site, educational, or editorial content, you can use the photos that YOU take.

Back to the top and the original question. Fair Use does not include stealing others images and using them, it involves, how you may use your own images or those that you have rights to use from the photographer.

Did that help any?

Get some scans of the fakes, from someone who bought one, put it up big and bold as a fake, with the creators name and eBay name. He can't do anything. If it's the truth.

Interesting reading, for anyone who wants to know more. http://www.photosecrets.com/law.html "Legal Aspects Of Photography"

I am not a lawyer, and I don't play one on TV. I'm a photographer sometimes, in real life.