| Why I'm not playing the Bellagio WPT |
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 [Note: in 2008, we settled our lawsuit and I started playing WPTs again.]
I'm in Vegas and I want to play poker, but I won't be playing the World Poker Tour at the Bellagio, or any more WPT tournaments, until the WPT changes the player release that they force every player to sign before playing. The current release sets practically no limit to what the WPT can do with a player's name and likeness, and the WPT has shown that it will exploit players' names and likenesses beyond what any of us accept as reasonable. I've tried negotiating with the WPT, but they will not make any significant changes. I'm not the best known player (I'm sure Chris Ferguson's decision not to play will have more of an effect) so not playing the WPT may hurt my career, but I think it's a risk worth taking.
On the other hand, the World Series of Poker has responded to players concerns and the most recent release, while not perfect, is something I'm much more comfortable signing.
In case you are interested, here is the main part of the WPT release that I don't like (from the Foxwoods 2005 version, available from the Foxwoods WPF website:
1) Grant of Rights. Player acknowledges that WPT Enterprises, Inc. and its successors, assigns and licensees (collectively, “WPT”) will be
recording, filming, photographing and exploiting films and/or television specials or other audio visual works of and/or about the Tour Event (jointly and
severally the “Programs”). Player consents to such filming and exploitation of the Programs, and hereby irrevocably grants to WPT the right to film,
record, edit, reproduce and otherwise use Player's name, photograph, likeness, signature, biographical information, appearance, actions (including, without
limitation, revealing Player's hole cards), conversations (including, without limitation, “behind the scenes” footage and filmed interviews with Player)
and/or voice (the “Recordings”) in, and in connection with, the Programs and/or the “World Poker Tour” and in connection with the distribution,
advertising, publicizing, exhibition, and exploitation thereof and of other audio-visual works (including, without limitation, “behind the scenes” productions
and public service announcements) and any and all derivative, allied, subsidiary and/or ancillary uses related thereto (including, without limitation,
merchandising, commercial tie-ins, publications, home entertainment, video games, commodities, etc.), in whole or in part, by any and all means, media,
devices, processes and technology now or hereafter known or devised in perpetuity throughout the universe.
I've italicized the parts that I'd like to see removed and that I've actually attempted to cross out in the past. (Usually they would accept my modified release at the registration desk, but someone from the WPT would then come and try to force me to sign it during the tournament.)
Contrast the WPT release with the latest WSOP circuit release, which has just one sentence related to this:
In consideration of my being permitted to participate in said
promotion, I
do hereby accept and irrevocably authorize Showboat Casino Hotel and its
successors and assigns (including but not limited to ESPN) to print,
publish, televise or otherwise utilize my photograph or any likeness of
me
for promotional purposes without compensation.
While the line between permissible "promotional purposes" and impermissible merchandising needs to be defined a little bit, the WSOPC release is a lot better than the WPT's "any and all derivative, allied, subsidiary and/or ancillary uses related thereto (including, without limitation,
merchandising, commercial tie-ins, publications, home entertainment, video games, commodities, etc.)".
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