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Contracts and Poker: Right of Publicity

by Scott J. Burnham |  Published: Mar 11, 2020


In a previous column, I began an analysis of the Participant Release and Confidentiality Form that players are required to sign when entering a World Series of Poker event, including circuit events and other events not played during the WSOP at the Rio. Let’s continue the discussion, noting again that none of the following constitutes legal advice, and if you have a question about a form you have signed, you should consult a lawyer. Paragraph 1 deals with what is called the right of publicity. As discussed in the previous column, under copyright law, the “author” of the work has the right to claim copyright in it. So a photographer (or the photographer’s employer if the photo was taken in the course of employment) is the author of the photograph and has the right to claim copyright in it. But if the photograph contains an image of you, then you ...

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