[Zetack]

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I think your understanding of the law is very poor. There is no way that WPT can market a videogame of 'HU against Raymer' without Raymer's explicit permission (and profit sharing). The agreement they signed merely allowed WPT to use snippets of these guys during the tournament to advertise their program, much as they do now.

I don't know too much about this lawsuit, but the release they're asked to sign is actually pretty standard in many areas. And in no way does such a release give carte-blank permission for the other party to exploit your image in some unrelated product.

I'm no lawyer but I think I know American law well enough to know the example you posed as being just silly.

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Actually if you read the release it's seems to say exactly the opposite of what you are saying.
From what I can see (in bold text) they can put your picture on anything they like.


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.

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Its an incredibly broad release, but it may not grant the WPT the rights to use somebody's image for just anything, depending on how several of the Defined Terms above are actually defined. We'd want to know how "World Poker Tour" is defined.

Unless the definitions are more expansive, as I read it, they could indeed put out a WPT presents Heads up Versus Greg Raymer video game, but they might not be able to sell his likeness to coke to promote minute maid or something.

The key phrases to look at are "and of other audio-visual works" and "any and all derivative, allied, subsidiary and/or ancillary uses related thereto"

In the context it may that these are related to the "Programs" and the "World Poker Tour" and not any and all uses whatsoever. That's still a lot of territory however.

--Zetack