This is a brief excerpt from PetaPixel
This famous photograph of legendary football wide receiver Desmond Howard is currently in the midst of a nasty legal battle. The photographer behind the image, Brian Masck, is suing Howard and a host of companies, claiming that his photo has been used without his permission for years for all kinds of commercial products and purposes.The image was shot 22 years ago in 1991 after Howard caught a touchdown against Ohio State and struck the famous Heisman Trophy pose. He would go on to win the trophy later that season.
Masck’s photo was published in Sports Illustrated in December 1991, which landed him $500 and a credit line. The photograph quickly went “viral” around the country, appearing in various places in ways he never consented to.
The lawsuit alleges that Getty uploaded the photo to its digital asset management system in 2005 without permission
A few years ago Masck noticed copies being sold at a Sam’s Club. That same year, Nissan ran an advertisement in Sports Illustrated featuring the photo. Howard used the photo on his personal website in 2011. Amazon and Wal-Mart sold various products featuring the image through their websites.
The photo appeared in a two-page Nissan ad in 2010
Howard used the …
By: Michael Zhang
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