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I'll let Nick reply further on this as I'm sure he will...
But, the photographer owns the image which he created anyway. The release you may have signed for magazine features simply limits the photographers liability, mainly in case you don't like the way it is subsequently published and usually gives the subject some limits as to how the image/images will be used. The photographs are however the photographers "artistic work" in the eyes of copyright law and as such belong to him regardless of what the subject matter is. So if we're talking of photo's on the Never Again Racing site, then the aggreived party is the photographer who originally took the photograph. If it is an artistic image there that I'm not seeing then the copyright lies with the originator of that piece of artwork ie. the original graphic designer.
There is no such thing as "public domain" and an artistic work is always owned by its originator unless he/she:
a) is working directly on the payroll of a company and the "work" is part of his job within the business (in which case the "work" is owned by the business)
b) is a "work" that is comissioned under contract where the contract fully assigns the rights in the "work" to a third party
c) fully assigns the rights to a third party under a contract at a later date.
Usually you'll find that most people will choose to license their work rather than sign all their rights away. This will allow the work to be used by third parties without even sometimes exclusively, but keeps the ownership in tact and thus control over any future usage.
If a photographer says.. "yes you can use one of my photo's on your website" that does not imply "you can use as many of my photos as you like whenever and wherever you like". The other thing to note here is that if you steal and use someone elses work or even have limited license to use it, you can also/still be liable for any further usage and thus damages to the copyright owner of that image if you do not protect it yourself and it is stolen from you and used illegally.
So all you need to ask here Alan is "who took the photograph" if the answer is that you took it yourself, then you are legally within your rights to pursue him for everything both he and zazzle have made from the image and any damages you see fit.
Don't just contact the user, contact zazzle with a "cease and desist" letter too. If you want to see what the one I use looks like, email me in the office and I'll send you one.
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