Desmond Howard reaches settlement over Heisman pose photo

Submitted by Leaders And Best on

Desmond Howard reached a settlement with the photographer of his Heisman Trophy pose after his punt return TD against Ohio State. The photographer will transfer the copyright over to Howard in exchange for a cut of the financial benefits from its future use. The photographer's lawsuit against the other defendants for the photo's unauthorized use still remains. Good for Desmond.


http://www.cbssports.com/collegefootball/eye-on-college-football/24510359/desmond-howard-photographer-reach-settlement-over-iconic-photo

goblue16

April 1st, 2014 at 7:52 PM ^

Was Desmond the first to strike the heisman pose? Why wouldn't other players before him also get a share?

Wolverine Devotee

April 1st, 2014 at 7:57 PM ^

Related but has anyone ever done anything with Getty Images? Is there a way I can just order a high res, no water mark photo of this so I can print it on photo paper?

LSAClassOf2000

April 1st, 2014 at 8:04 PM ^

It is somewhat lengthy, but if anyone is interested, the original lawsuit which was filed is in this link right here - LINK

The first few pages actually detail the story behind how the photo was obtained and how Masck kept a negative of it for the purpose of producing prints of the photo. It also details the initial sales of the photo and how Masck went about the initial distribution. 

Princetonwolverine

April 1st, 2014 at 9:29 PM ^

Thanks for the link. I find this stuff fascinating. Basically, the suit is by the photographer for not getting credit (and compensation) when others, including Desmond have used the photo.

In my professional yearbook I wanted to reproduce a cartoon from the New Yorker magazine. The publisher of the yearbook said it was a copyrighted cartoon and I would need to get written permission from the New Yorker and the artist and give them credit.

It seems to me that in the publishing world this would be common knowledge. Sports Illustrated gave him credit the first time they used it but never again and allowed Nissan to use it in ads in SI. How stupid. This guy deserves some big bucks.

Desmond got caught using a photo the photographer had intentional altered so the photographer could follow how it was stolen. Desmond did this after the photographer met with him to discuss a financial arrangement that would  allow Desmond to use the photo legally. Good thing he settled.

 

 

 

 

 

PaBlue

April 1st, 2014 at 10:11 PM ^

Oddly enough, I was at an alumni function in Philadelphia tonight with Desmond. After speaking for a little over an hour, Desmond signed an autograph or took a picture for those who wanted the same. People wanted him to strike the Heisman pose and he just said, "I don't do that anymore." Haven't read the legal docs on this case but maybe they are related....

Leaders And Best

April 1st, 2014 at 10:20 PM ^

The lawsuit is related to the photo. I don't think you can claim ownership over the pose (and if you could I think it would be pretty hard to enforce).

I am guessing Desmond just doesn't like doing it on demand. I imagine he gets asked to strike the pose over 10 times a day. It probably gets old after a while.

gord

April 1st, 2014 at 11:06 PM ^

Howard's pose doesn't even look like the trophy.  How hard is it for these guys to get 2 feet on the ground when they do it?  Look up Jameis Winston's pose for the worst example I've seen. 

Leaders And Best

April 1st, 2014 at 11:28 PM ^

Personally, I prefer Howard's version of the Heisman Trophy pose to the actual Heisman. It's a testament to Howard that more people mimic his pose than the actual trophy.

Remember, Desmond struck the pose after sprinting 93 yards in a rivalry game. I don't think the accuracy of his Heisman pose was something he was too concerned about. Charles Woodson was going to do it as well, but he was winded after the punt return and mobbed by teammates before he could even attempt it.

gord

April 1st, 2014 at 11:40 PM ^

Winston, Newton, Griffin, Obama, Tebow, Rubio all did it wrong.  I can see if you are in an elevator and don't have room but the real pose is usually pretty easy. 

Apparantly I'm not the only one annoyed...

http://bronconationnews.com/BNNArticle/TabId/204/ArtMID/903/ArticleID/2…

Don't get me started on the Dallas Cowboy uniforms with 2 shades of blue and silver pants that don't match the helmets.

Leaders And Best

April 2nd, 2014 at 12:45 AM ^

You had to search pretty deep into the dark corners of the internet to find another person who even cares about this or shares the same view as you. You just cited some guy named

Stubbs McGillivray-Zanelli

who is one bro-ish looking dude. Is this the best picture he could come up with for his writer profile page?

But seriously, I don't judge people based on their name and looks though. I read his blog post, and I wish I could get that time back.

 

Are you possibly Stubbs McGillivray-Zanelli in disguise, linking your blog, and trying to get views for your awful blog post?

The true Heisman pose doesn't stack up to Howard's version. The leg in the air adds more flash. If you do the pose with both feet on the ground, it looks kind of lame. Howard's verson is a more highly evovled version of the trophy pose.