Dora

Appellant Mickey Dora sued Frontline Video, Inc. (Frontline), among others, for common law and statutory appropriation of name or likeness. He appeals from a summary judgment granted in favor of respondent. We affirm.

Facts and Procedural History

In the 1950’s, appellant surfed at Malibu Beach. According to respondent’s evidence in support of its summary judgment motion, appellant was a “legendary figure in surfing” and his “exploits at Malibu ... are the folklore of the sport.”

In 1987, respondent produced a video documentary entitled “The Legends of Malibu” (the program). The program is, for the most part, a documentary that chronicles the events and public personalities at Malibu in the early days of surfing. Footage of famous surfers, including appellant, taken during that time appears in the program. Many of those people were interviewed for their on-camera reminiscences. The program also contains the audio portion of an interview of appellant, which is heard in the background as the viewer sees appellant in photographs. Appellant states in a declaration that he was neither interviewed nor photographed by respondent, and that he did not consent to his name,…