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The World Poker Tour has been broadcasting its slickly produced television
show since 2002 without a hitch. That's mostly thanks to the large audiences
those broadcasts garner on the Travel Channel in the United States, which have
fed the explosion of the game both in casino poker rooms and in tournaments.
What's not realized as often is that the success of the WPT broadcasts also
hinges upon the players that have made the final tables of 4 seasons' worth of
high buy-in tournaments. Until recently there was little, if any, public
dispute between the WPT and the professional players who appear on WPT
broadcasts. A recent spate of comments by various players and Steven Lipscomb,
the head of the WPT, have changed that.
The heart of the controversy is the release that the WPT has every entrant of
one of its tournaments sign. This piece of paper grants the WPT a wide range
of perpetual rights to use the player's likeness on television and in other
non-traditional media, including DVDs and video games. In recent weeks a
number of widely recognized professional players have written in detail on the
internet about why they have problems with the specific terms of the release.
Andy Bloch, for instance, wrote on his website that he would no longer be
playing in WPT events because 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." Paul Phillips has expressed similar concerns, as has
Team Full Tilt member Rafe Furst. Daniel Negreanu initially stated that he
would no longer be playing in any WPT events. Chris Ferguson was quoted at the
popular poker blog Card Squad as saying that the current WPT release asked for
rights that he was legally unable to relinquish because of business deals in
which he is involved, meaning he would also forgo playing in WPT events for
the foreseeable future.
Such complaints haven't exactly fallen on deaf ears, but the response from WPT
founder Steven Lipscomb was certainly less conciliatory than players like
Bloch, Phillips, Furst, and Ferguson would have liked. In a post to the forums
at the website of 2+2 Publishing, Lipscomb wrote he understood that the WPT
and the players would not currently find themselves in such a good position
without each other. However, Lipscomb insisted that the WPT release "is a
standard filming release that all production companies must have signed by
everyone they film," one drafted broadly to protect against "frivolous
lawsuits." His main defense against the players' complaint about the latitude
given to the WPT with their likenesses was that the players have nothing to
worry about because he and his company value their relationship with the
players so much that they would never do anything to damage it.
"I am happy," Lipscomb wrote, "to go on record today to promise the poker
community that we will always listen to a player who feels that he or she is
uncomfortable with how we use their image. If we feel we can or should, we
will modify or eliminate that use. And, if not, we will explain, to the best
of our ability, why not. What I cannot do is subject WPTE to endless lawsuits
by severely restricting the rights we obtain in our filming release. No
credible production company could or would do so."
Lipscomb's statement appeased poker superstar Daniel Negreanu, who retracted
his refusal to play in future WPT events, but other players still remain
unconvinced. Many of them cite the release used by Harrah's for its World
Series of Poker tournaments, one which requires players to relinquish a much
narrower spectrum of rights solely for the promotion of WSOP tournaments and
broadcasts. Others have noted that because the WPT is a business entity, they
have no guarantee that Lipscomb himself will always be at the company's helm.
Future WPT management could decide to aggressively use more of the rights that
players sign away in the current WPT release, rights that Lipscomb himself
would never have thought to employ.
The controversy continues for the time being, with the WPT refusing to modify
its release and more players joining in to say they will no longer play in WPT
events. It remains to be seen whether a player boycott will have any effect on
the WPT's ratings, or even if the WPT will make any concessions that render
such a boycott unnecessary.
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