You've asked a simple question with unfortunately a very complex answer or answers. There are no lawyers here to advise (as far as I know), and I'm certainly not one.
Legal factors include copyright, trademark, right of publicity, etc, etc. (yes, there are more) Many questions have to be answered, which include but are probably not limited to, who took it, when did they take it, what is it of, how is it being sold (for what purpose), and so on.
Not a lawyer, so the above is simply my viewpoint, not legal advice, and nothing more.