Former All Black Byron Kelleher and his clothing brand are being sued for alleged copyright breach and non-payment of fees, according to Britain's Sports Journalists Association.

Photo agency Cleva Media is taking the action, which is expected to be heard in a French court on Friday, with a decision likely next month, the association said on its website.

The hearing will come just days after Kelleher, who plays for French club Stade Toulouse, was arrested for allegedly driving under the influence of alcohol, hitting a car and being involved in a brawl.

Cleva is suing the rugby halfback and his clothing brand, BK9, for copyright infringement and non-payment of more than 35,000 ($A59,450).

The agency, the directors of which include SJA member Eoin Mundow, is also seeking damages and other compensation.

Cleva says it was forced to legal action to recover fees and images after more than 100 of its pictures were used on BK9's website and marketing material.

It is expected to argue in court that BK9 failed to honour a contract in which Cleva was hired as official photographer for a book on Kelleher's life in Toulouse and for promotional material for the clothing brand.

However, Kelleher's lawyers wrote to Cleva saying the player had no knowledge of the deal, which was signed by his then business manager.

The letter also said Kelleher usually charged for the right to use his image and would never consider paying someone 8750 euros a month to have his photo taken.

Kelleher, 32, played 57 Tests for New Zealand before joining Toulouse in 2007, helping them to the French title last year.

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