Andy Bloch and the World Poker Tour

Andy Bloch isn't too happy about the release [PDF] players have to sign before playing in a World Poker Tour event.

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.

Here is the language to which Bloch objects, with the specific portions to which he objects the most emphasized:

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.

Bloch compares this to the equivalent clause in Harrah's WSOP Circuit player release:

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.

Bloch comments, 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.)".

Bloch has a degree from Harvard Law School and is a member of the bar, but is not at the present time practicing law.

To my own eye, it looks to me like the WPT is treating the players like patsies. Their waiver is, on the face of it, unacceptable. There are things that are reasonable for them to want to use players' likenesses -- video and print advertisments for the show, for example, but there are a whole range of subsidiary rights for which the WPT has no legitimate need. If I play in a WPT event, they get to use my likeness in video games, and I don't get paid for it. Hell, there's nothing in this agreement that would prevent the WPT from licensing fictional print, movie, or TV rights to the players as characters.

The WPT is treating the players like patsies. Andy Bloch is doing the right thing, and I hope that his example gets a lot of attention.

(via Paul Phillips)