Desmond Howard, Heisman Winning Michigan Star, 'Seriously Considering' Joining Ed O'Bannon Lawsuit
ByEntangled in a lawsuit where he improperly used a photo of himself, Desmond Howard told Yahoo! Sports he is "seriously considering" joining Ed O'Bannon's lawsuit against the NCAA.
O'Bannon's lawsuit is well more than a month old at this point and has seen numerous former and current college athletes join. O'Bannon, a former UCLA basketball star is suing the NCAA for using his likeness, name an image for profit without properly compensating him.
Howard, a former Heisman winning football player the University of Michigan, is being sued by a photographer for using one of the most recognized and famous photos for using that photo on his own website. In other words, Desmond Howard is fighting a legal battle to use a photo of Desmond Howard for his own website.
"I still think it's ridiculous that 20-some-odd years after the fact that someone can not only feel like they own the right to my likeness, but they can sue me and affect me," Howard said.
The photo, shot by Brian Maske at Michigan's 1991 game against Ohio State, depicts Howard posing like the Heisman trophy after a touchdown return. The image has been seen on video game covers, in commercials and magazines, like when it appeared in Sports Illustrated, and became one of the most recognizable images in the history of the sport.
The suit is a bit more complex than one might assume and is not straightforward by any means. Howard and Maske decided at one point to partner in business to maximize profits off the photo, however, Getty Images believes they attained the rights to it.
According to Yahoo!, Maske's lawyer sent the photo to Howard's web designer to use on DesmondHoward.com, but the photographer claims the former Michigan star did not have permission to use the photo. Howard is now countersuing.
O'Bannon and his fellow plaintiffs are awaiting a ruling from U.S. District Court Judge Claudia Wilken allows the case to be heard as a class action law suit instead of each one being heard separately.
Michael Hausfield, the lead attorney for O'Bannon and the plaintiffs, said they would welcome Howard to join the suit pending Wilken's ruling.
"This is the first we heard him publicly express that he's interested in joining the suit," Hausfield said. "It's up to him. If he calls us, obviously there's common ground. He was a student-athlete. He had to live under the rule of the NCAA. He knows what the abuses and exploitation were and continue to be."
Numerous issues wait to be ruled upon, including the NCAA and co-defendants EA Sports and Collegiate Licensing Company's request to be dismissed from the suit and the addition of six current student-athletes to the suit.
Both sides continue to argue over the recent moves, but all told, they will both have to wait for Wilken's decision.