Dora v. Frontline Video, Inc.
California Court of Appeal
15 Cal. App. 4th 536, 18 Cal. Rptr. 2d 790 (1993)
- Written by Sarah Holley, JD
Facts
Mickey Dora (plaintiff) was a prominent surfer at Malibu Beach in the 1950s, and his exploits there became a legend of the sport. Later, Frontline Video, Inc. (defendant) produced a film entitled The Legends of Malibu (the program) that documented the events and personalities at Malibu Beach in those early days of surfing. Along with footage of other prominent surfers of the time, the program contained the audio portion of an interview with Dora that was heard as photographs of him appeared on screen. Dora brought suit against Frontline for commercial appropriation, alleging that Frontline neither interviewed nor photographed him, and that he had not consented to Frontline’s use of his name, voice, and likeness in the program. Frontline moved for summary judgment, arguing, in part, that Dora’s consent was not required because the program was a news account of a publication of matters in the public interest. The trial court accepted Frontline’s argument and granted the motion. Dora appealed.
Rule of Law
Issue
Holding and Reasoning (Nott, J.)
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