“Heisman Pose” Photographer Sues for Copyright Infringement

Brian Masck, the photographer who shot the famous “Heisman Pose” photograph of football player, Desmond Howard (seen below), is suing Sports Illustrated, Nissan, Getty Images, Champions Press, Photo File, Inc., Fathead, Wal-Mart, Amazon.com, and Desmond Howard himself for copyright infringement. Which raises the question of whether or not Desmond Howard has a right of publicity claim against Masck.

Here’s some interesting insight via Eric Goldman. The case is Masck v. Sports Illustrated, et al., 2:13-cv-10226-GAD-DRG (E.D. Mich. complaint filed Jan. 18, 2013).