Yes and no A photo of a toy might be deemed a derivative work depending on the judge and could be subject to the toy s copyright But it would also create a new copyright that of the photograph itself In the existing photograph there are two copyrights to consider the copyright held by the photographer on the photograph itself and perhaps the copyright held by the toy manufacturer If you were to create a new photograph of the toy and license that photo under a free license we would still have to claim fair use on the representation of the toy but not on the photograph itself which would be free With the current photo we unnecessarily have to use a non free photo rather than a free one to represent a non free underlying product It has generally held on Wikipedia that we have to use free photos to represent these even if an additional fair use claim has to be made on the representation of the underlying subject This hasn t been without controversy but it s the way the community has pretty consistently interpreted WP NFC in these instances All the best random