Cyrus posted a photo on social media waving to onlookers as she exited a building, allegedly taken by Barbera in 2020.
It did not credit the photographer in its caption and reportedly did not ask pop star Barbera for the right to use it.
Music Times reports that copyright law assigns copyright to an image to the person who took the image.
The subject of the photo does not get automatic rights to use it, even if it is taken without the subject's permission.
Filing the lawsuit in Los Angeles federal court, Barbera requested actual and statutory damages for infringement, totaling $150,000 (£128,200) for the infringed work.
US law allows an award of damages between $750 and $30,000, not to exceed $150,000 for willful infringement.
She then appeared as a background dancer in older sister Miley's 2009 movie Hannah Montana:
He had a role in the 2008 straight-to-DVD movie Mostly Ghostly: Alongside Frankie Jonas, Noah performed the movie's theme song.
When it comes to acting, his most recent role was in an episode of American Horror Stories in 2021.
2022 looks to be a big year for Trace, who is also finishing up a new album.