"The release we utilize is a standard filming release that all production companies must have signed by everyone they film - or the television broadcaster will refuse to air our material."

-- Steve Lipscomb, WPT CEO.

In a previous story, I talked about the WPT release and why I'm not playing WPT tournaments. After I posted that, Steve Lipscomb published an open letter to WPT players (which I quoted above), call the release "a standard filming release."

To show that the WPT release is far from "a standard release," I scoured the web for other television name and likeness releases to compare. None of the releases I found were anywhere near as bad as the WPT release. In fact, many of the releases, from sports, reality, and game shows, had language that only allowed use in connection with that particular program.

I found some releases that are vague or overbroad in some ways, but none that were as overbroad or as specific in their breadth as the WPT release. While I wouldn't want to sign some of these releases (and I advise anyone signing such a release to cross off words such as "or otherwise") I doubt that a court would interpret them too broadly, especially if there was no significant consideration given and the participant was not given any time to read the release and was unable to negotiate. (There are several legal principles of contract interpretation that work in the participants' favor, including ejusdem generis, contra proferentem, contract of adhesion, unconscionability, and consideration, but most of those principles won't help the players fight the WPT release.)

I also found a couple of releases that specifically mentioned merchandising, but that's no where near as broad as 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.)."

Then there's the BBC's "Informed Consent In Factual Programming and Contributor Consent" forms. (The BBC guidelines are available online.). They don't even mention promotion or marketing, and the production staff is instructed to make sure that your consent is fully informed. I bring up the BBC because I was in a BBC documentary about the MIT blackjack team which has also aired in the US on Discovery's Science Channel, like many other BBC shows. Discovery also happens to own the Travel Channel, which broadcasts the WPT. Given all this, I highly doubt that the WPT release must be so broad or "the television broadcaster [Discovery] will refuse to air" it.

For those who are interested, here are some excerpts from some of the releases I found.

Survivor II

By submitting this application I hereby consent to the recording, use and reuse by the producers of the Program (defined below) and CBS Broadcasting Inc. and any of their respective licensees, assigns, parents, subsidiaries, divisions, business units, or affiliated entities and each of their respective employees, agents, officers and directors (collectively “Releasees”) of my voice, actions, likeness, name, appearance and biographical material (collectively “Likeness”) in any and all media now known or hereafter devised, worldwide, in perpetuity, in or in connection with the reality based television series currently entitled SURVIVOR (the “Program”). I agree that Releasees may use all or any part of my Likeness, and may alter or modify it, regardless of whether or not I am recognizable. I further agree that Releasees exclusively own all right, title, and interest in and to the application video that I have provided in connection with the Program (the “Video”) and all rights therein and thereto including, without limitation, the right to use the Video and my Likeness in any and all media now known or hereafter devised, worldwide, in perpetuity. I further agree that Releasees may use my Likeness and the Video in connection with any promotion, publicity, marketing or advertisement for the Program in any manner whatsoever. I grant the rights hereunder whether or not I am selected to participate in the Program. I release Releasees from any and all liability arising out of its use of my Likeness and/or the Video. I agree not to make any claim against Releasees as a result of the recording or use of my Likeness and/or the Video (including, without limitation, any claim that such use invades any right of privacy and/or publicity).

Apprentice (2006)

By submitting this application I hereby consent to the recording, use and reuse by the Producers of the Program (as defined below) and NBC West, LLC and any of their respective licensees, assigns, parents, subsidiaries, divisions, business units or affiliated entities and each of their respective employees, agents, officers and directors (collectively "Releasees") of my voice, actions, likeness, name, appearance and biographical materials (collectively "Likeness") in any and all media now known or hereafter devised, throughout the universe, in perpetuity, in or in connection with the reality-based television series currently entitled "The Apprentice" (the "Program") or any other production. I agree that Releasees may use all or any part of my Likeness and may alter or modify it, regardless of whether or not I am recognizable. I further agree that Releasees exclusively own all right, title and interest in and to the application video that I have provided in connection with the Program and any other material provided by me in connection with the Program (collectively, the “Materials”) and all rights therein and thereto including, without limitation, the right to use the Materials and my Likeness in any and all media now known or hereafter devised, throughout the universe, in perpetuity. I further agree that Releasees may use my Likeness and Materials in connection with any promotion, publicity, marketing or advertisement for the Program or for any of the Releasees in any manner whatsoever, or for any other purpose and manner whatsoever. I grant the rights hereunder whether or not I am selected to participate in the Program. I release Releasees from any and all liability arising out of its use of my Likeness and/or the Materials. I agree not to make any claim against Releasees as a result of the recording or use of my Likeness and/or the Materials (including, without limitation, any claim that such use invades any right to privacy and/or publicity).

Thank you for agreeing to contribute to the above programme. It is our current intention that the programme will be first broadcast on …………………… on ………………………………………. The BBC now has, or is linked with, several other channels and services. This form gives the BBC the right to use the whole or part of your contributions in all media and markets throughout the world and, in so doing, will help the BBC to maintain its position as a leading public service broadcaster. We very much hope to use your contributions, but we cannot guarantee to do so.

• You assign to the BBC the copyright and all other rights in your contributions for use in all media now known or which may be developed in future and you confirm that your contributions will not infringe the copyright, or similar rights, of any third party.
• In the light of the need of television production for flexibility, you agree that the BBC may edit, adapt, or translate your contributions and you waive irrevocably any “moral rights”1 you may have in them.
• The BBC will be liable for any loss or damage to you, or your property, but only if it is directly connected with this engagement and caused by the BBC’s negligence.
• You agree that your contributions will not bring the BBC into disrepute or be defamatory but you will not be liable in respect of defamatory material which is included without negligence or malice on your part.

If you agree with the terms set out above please sign the form below and return it. A copy is attached for you to keep. If you are unsure of the meaning of any of the conditions set out above, the production team will be able to explain them to you.

By submitting this application I hereby consent to the recording, use and reuse by the Producer of the Program and ESPN, Inc. and any of their respective licensees, assigns, parents, subsidiaries, divisions, business units, or affiliated entities and each of their respective employees, agents, officers and directors (collectively "Releasees") of my voice, actions, likeness, name, appearance and biographical material (collectively "Likeness") in any and all media now known or hereafter devised, worldwide, in perpetuity, in any and all versions now known or hereafter devised (including digitized versions) in or in connection with the reality based television series currently entitled "Beg, Borrow and Deal" (the "Program"). I agree that Releasees may use all or any part of my Likeness, and may alter or modify it, regardless of whether or not I am recognizable. I further agree that Releasees exclusively own all right, title, and interest in and to the application and the video that I have provided in connection with the Program (the "Material") and all rights therein and thereto including, without limitation, the right to use and exploit the Material and my Likeness in any and all media now known or hereafter devised, worldwide, in perpetuity, in any and all versions now known or hereafter devised (including digitized versions). I further agree that Releases may use my Likeness and the Material in connection with any promotion, publicity, marketing or advertisement for the Program and/or ESPN and its affiliates and their programming and other services and products in any manner whatsoever. I irrevocably and absolutely grant the rights hereunder whether or not I am selected to participate in the Program. I release Releasees from any and all liability arising out of its use of my Likeness and/or the Material. I agree not to make any claim against Releasees as a result of the recording or use of my Likeness and/or the Material (including, without limitation, any claim that such use invades any right of privacy and/or publicity).

By submitting this application, I hereby consent to the recording, use and reuse by Go Faster, Reveille, Universal, NBC, and any of their respective licensees, successors, assignees, parents, subsidiaries, or affiliated entities, and each of their respective employees, agents, representative, officers and directors (collectively "Releasees") of my voice, actions, likeness, name, appearance, biographical material, and any information contained in, derived from or obtained in connection with my application to be a contestant in the Program or in any materials submitted by me in connection with my application (collectively "Likeness"), as edited, altered, or modified by the Producer or by any of the other Releasees, in any and all media now known or hereafter devised, worldwide in perpetuity, in or in connection with the Program. I agree that the Releasees or any of them may use all or any part of my Likeness, and may alter or modify it regardless of whether or not I am recognizable. I further agree that the Releasees exclusively own all right, title, and interest (including, without limitation, all copyrights) in and to any and all recordings made by them and in and to any and all video that I have provided in connection with my application and any other materials that I have provided or may provide in connection with my application or the Program (collectively, the "Materials"), including, without limitation, the right to edit, alter or modify the Materials and to use all or part of the Materials and my Likeness in any and all media now known or hereafter devised worldwide, in perpetuity. I further agree that Releasees may use my Likeness and the Materials in connection with any promotion, publicity, marketing or advertisement for the Program. I grant the rights hereunder whether or not I am selected to participate in the Program in any manner whatsoever. I release Releasees from any and all liability arising out of the recording or use of my Likeness and/or the Materials. I agree not to make any claim against Releasees as a result of the recording or use of my Likeness and/or the Materials (including, without limitation, any claim that such use defames me or invades any right of privacy and/or publicity). I understand that I will not be paid any money for giving Releasees these rights or for signing this agreement.

I hereby consent to the recording and use of my name, likeness, image and voice (collectively “Likeness”) and all results and proceeds of any activities in connection with the Program and/or performances, stories, songs, statements, or actions made by me, or information given by me, whether written, spoken, sung, or otherwise expressed by me (collectively “my Performance”) by Producer and any television network or station broadcasting or otherwise distributing the Program, and each of their respective assigns, successors, parent, affiliated and subsidiary companies and their respective licensees and advertisers (collectively “Producer and Distribution Entities”), in and in connection with the Program and the production, broadcast, distribution, exhibition, advertising, marketing and promotion of the Program and merchandising related thereto, and in advertising and promotion for any of the Producer and Distribution Entities. The Program or any part thereof (including without limitation my Likeness and/or Performance) can be edited, cut, added to, adapted, dubbed, modified and/or rearranged at Producer’s sole and absolute discretion. Without limiting the foregoing, I acknowledge that Producer may juxtapose any part of the recordings of me with any other part of the recordings of me in the Program, and alter the sequence of events or of any questions posed and/or answers given in recordings of me in and in connection with the Program. My contribution to the Program is specially ordered by Producer as part of an audiovisual work as a work made for hire for Producer.

By submitting the Application I hereby consent to the recording, use and reuse by NBC Universal, Inc., Endemol USA Inc., Lock and Key Productions, their respective licensees, assignees, parents, subsidiaries, or affiliated entities and each of the respective employees, agents, officers and directors of the foregoing entities (collectively "Releasees") of my voice, actions, likeness, name, appearance, biographical material, and any information contained in my Application and/or in any materials submitted by me in connection with my Application (collectively "Likeness") in any and all media now known or hereafter devised, worldwide in perpetuity, in or in connection with the game show currently entitled "Deal No Deal" (the "Program"). I agree the Releasees may use all or any part of my Likeness, and may alter or modify it regardless of whether or not I am recognizable. I further agree that Releasees exclusively own all right, title, and interest (including, without limitation, all copyrights) in and to any video or other materials that I have provided in connection with my Application and any materials that I have provided or may provide in connection with the Program (the "Materials") including, without limitation, the right to edit, alter or modify the Materials and to use all or part of the Materials and my Likeness in any and all media now known or hereafter devised worldwide, in perpetuity. I represent and warrant that the Materials (specifically including, without limitation, any videotaped material) will be free from any pornographic or graphically violent material, will contain no nudity, and will not contain any content that is contrary to law or which places any of the participants appearing on or off camera at serious risk or harm. I further agree that Releasees may use my Likeness and the Materials in connection with any promotion, publicity, marketing or advertisement for the Program and/or any sponsor thereof. I grant the rights hereunder whether or not I am selected to participate in the Program in any manner whatsoever. I release Releasees from any and all liability arising out of its recording or use of my Likeness and/or the Materials. I agree not to make any claim against Releasees as a result of the recording or use of my Likeness and/or the Materials (including, without limitation, any claim that such use invades any right of privacy and/or publicity). I understand that I will not be paid any money for giving Releasees these rights, or for signing this agreement.

By submitting the application I hereby consent to the recording, use and reuse by the Producers of the Program (defined below), NBC West, LLC, Endemol Project, Inc., Endemol Entertainment USA Inc., Lock and Key Productions, Pulse Creative, and any of their respective licensees, assignees, parents, subsidiaries, or affiliated entities and each of the respective employees, agents, officers and directors (collectively "Releasees") of my voice, actions, likeness, name, appearance, biographical material, and any information contained in my application to be a contestant in the Program or in any materials submitted by me in connection with my application (collectively "Likeness") in any and all media now known or hereafter devised, worldwide in perpetuity, in or in connection with the reality-based television series currently entitled "Fear Factor" (the "Program"). I agree the Releasees may use all or any part of my Likeness, and may alter or modify it regardless of whether or not I am recognizable. I further agree that Releasees exclusively own all right, title, and interest (including, without limitation, all copyrights) in and to any video that I have provided in connection with my application and any other materials that I have provided or may provide in connection with the Program (the "Materials") including, without limitation, the right to edit, alter or modify the Materials and to use all or part of the Materials and my Likeness in any and all media now known or hereafter devised worldwide, in perpetuity. I represent and warrant that the Materials (specifically including, without limitation, any videotaped material) will be free from any pornographic or graphically violent material, will contain no nudity, and will not contain any content that is contrary to law or which places any of the participants appearing on or off camera at serious risk or harm. I further agree that Releasees may use my Likeness and the Materials in connection with any promotion, publicity, marketing or advertisement for the Program. I grant the rights hereunder whether or not I am selected to participate in the Program in any manner whatsoever. I release Releasees from any and all liability arising out of its recording or use of my Likeness and/or the Materials. I agree not to make any claim against Releasees as a result of the recording or use of my Likeness and/or the Materials (including, without limitation, any claim that such use invades any right of privacy and/or publicity). I understand that I will not be paid any money for giving Releasees these rights, or for signing this agreement.

(This release is too broad, but at least it appears to be limited to "media" - I don't think they'd get away with using it in merchandising. Anyway, it's way better than the WPT release, which plainly includes merchandising, video games, etc.)

For good and valuable consideration, the receipt which is acknowledged, I grant to Television Food Network, G.P. (“TVFN”) or its authorized representative the right and license to record, film, photograph, tape and otherwise capture and reproduce in any manner: 1) my name, stage name, voice, likeness and performance; furthermore, TVFN shall have the right and license to use any biographical material that I might furnish; and 2) the right and license to enter upon and to take photographs (stills, film, tape or otherwise) of the items hereafter identified which are located at the “Location Address” listed below; this Release shall also govern any materials (as hereafter defined) which I may furnish to TVFN. The items to be photographed or covered by this release may include, without limitation, photographs, paintings, pictures, slides, posters, letters, books, newspapers, statuary, exhibits, graphics, art or objects of any nature or kind, such items being hereafter collectively referred to as materials (the “Materials ”). The rights granted to TVFN include the right to refer to the titles of the Materials and their creators by their correct or assumed names. All images of the Materials captured on film, on tape or otherwise shall be collectively referred to in this Release as the recordings (the “Recordings”). All images and sound recordings of me and the materials captured on tape or otherwise shall be collectively referred to in this Release as the recordings (the “Recordings”). I agree that TVFN shall (i) own all rights in the Recordings, (ii) have the right to use the Recordings, in whole or in part, in any manner or media (whether now existing or created in the future), in perpetuity, and in all languages, throughout the universe, and (iii) be entitled to use the Recordings as TVFN deems appropriate, including, without limitation, for promotion and publicity purposes. “Media” for purposes of this Release shall include by way of illustration only: television broadcasts and rebroadcasts, newspapers, magazines, books (both paper and electronic), Internet, videotapes, CDs, DVDs, and electronic databases. TVFN is under no obligation to use or exhibit the Recordings in any manner. I hereby waive (i) the right to inspect or approve of any use of the Recordings, (ii) any rights to injunctive relief I may have in connection with this Release, (iii) the right to revoke this Release, and (iv) any moral rights I have in the Recordings. I release and agree to hold harmless and indemnify TVFN, its licensees and assigns from all claims, demands, causes of action, damages, liabilities of any kind, and reasonable attorney’s fees which may arise out of or in connection with the use of the Recordings and any other materials obtained by virtue of this Release. I agree that no sum shall be due to me for execution of this Release and TVFN shall not be obligated to pay me or any third party any sum whatsoever, regardless of the time or method of any future use of the Recordings.

(Again overbroad and vague, but still there is a strong argument that the material may only be used in connection with the program. I wouldn't be happy signing this release, especially with its mention of merchandising.)

For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I hereby give 12:05 AM Productions, LLC and its licensees, designees and assignees (collectively "Producer"), the absolute and irrevocable right and permission to photograph, film, videotape, record and/or portray my name, voice, portrayal, actions and/or likeness in connection with Producer's television project and/or series currently entitled "JIMMY KIMMEL LIVE" and to use the results and proceeds thereof (collectively the "Material") as follows:

1. To copyright the Material in Producer 's own name or in any other name (the Material shall be considered a "work made for hire");
2. b. To use, incorporate, broadcast, distribute, re-use, publish, re-publish, alter and/or edit the Material and/or my name, likeness and portrayal in whole or in part, severally or in conjunction with other material (including in the main or end titles) for any purpose and in any manner whatsoever as Producer so chooses in any and all media, now known or hereafter devised, in any and all versions, throughout the universe and in perpetuity, as well as for promotion, merchandising, publicity and advertising. Producer has no obligation to use the Material, my name, voice or likeness.

I understand that all rights in and to the Material, including the negatives, outtakes, sounds and the images contained therein, shall be Producer 's sole and absolute property.

Rule B1.2.3 Consent to Use Name and Likeness. Any Member of the PRCA who enters or otherwise participates in a PRCA sanctioned event, any official or staff of the event, and all other persons admitted to the event shall, as a condition of and in consideration of participation, admission or other involvement therein, be deemed to consent to PRCA ownership of all rights in and to his or her appearance or other involvement therein. The PRCA shall have the right, and may permit others as it sees fit, to dispense, reproduce, and otherwise use any such person’s name, voice, likeness, biography, photograph and other pictures in connection with the advertisement and promotion of a PRCAsanctioned event or the sport of rodeo. However, such advertisement and promotion shall not be made in conjunction with any statement constituting an endorsement by such person of any product or service, unless that person’s consent thereto is first obtained. A Member of the PRCA who participates in a PRCAsanctioned event authorizes the PRCA to act in the Member’s behalf as well as in behalf of the PRCA in engaging in promotional activities relating to the conduct of the sport of rodeo.

And, in further consideration of permission being granted to me to participate in the Fitness America Pageant and/or Ms. Bikini America and their related events (the “Event”), receipt of which benefit is hereby acknowledge, I hereby grant you, Fitness Universe, Inc. and American Sports Network, Inc., and any and all Fitness Universe, Inc. and American Sports Network, Inc., approved video or entertainment organizations, and all of their agents, successors, licenses and assigns, the right to photograph or otherwise reproduce (whether by film, tape, still photography or otherwise) my voice, appearance and name, and to exhibit, distribute, transmit, and/or exploit any and all such reproductions containing my voice and/or appearance in any and all media, including without limitation, by means of still photography, motion pictures, video, printing or any other media now known or hereafter devised, including also with respect to merchandising, advertising and/or publicity, and the right to use my name and information about me in any connection with the foregoing. The rights granted by me hereunder are granted for the entire universe and shall endure in perpetuity, and no further compensation shall be payable to me at any time in connection therewith. Nothing contained herein shall be deemed to obligate you, Fitness Universe, Inc. and American Sports Network, Inc., approved video or entertainment organizations, to photography or otherwise reproduce my voice, appearance or name, or to make use of any of the rights granted herein. These rights may be assigned by Fitness Universe, Inc. and American Sports Network, Inc., at their sole and complete discretion.

You can compare these to the WPT release, which I quoted from in a previous story, and the latest WSOP Circuit release.

The variety of these releases shows that there is no such thing as a "standard release" across the television industry. Many of them share some of the same clauses, but I couldn't find a single release that was as broad as the WPT's. And these weren't all obscure shows on minor cable outlets, some of these shows were huge major network hits. For most or all of these shows, the contestants put up no money of their own, and did not have to pay an entry fee on top, so you would think that the producers would be able to make their releases broader. The fact that many of them don't says a lot about the WPT's release and their attitude to the players.