Chasing the Perfect Shot: Image Rights and Compensation in Professional Surfing

Abstract

This thesis aims to identify policy measures for safeguarding surfers image rights from unauthorized use. A surfer’s image is a product of significant time, money, and expertise, and is the means by which they make their income, making their image a tangible work product. The paper will explore how surfing’s historical ties to photography have enabled surfers to be the first athletes to monetize their image, while also examining the tension between surfing’s mainstream appeal, its traditional Hawaiian roots, and the corporate consolidation of the industry. Additionally, it will highlight the inherent dangers in surfing and how these risks are intertwined with the process of capturing surfing images. The thesis will challenge the notion that professional legitimacy in surfing is solely tied to participation in established leagues, taking into account the changing dynamics of income generation within the sport. Legal analysis on publicity and privacy rights in the context of image rights provides both the legal foundation of existing rights and insights into potential legal protections. Finally, the thesis concludes by recommending two avenues which can be pursued to protect surfers and image rights violations. One is expanding the Copyright Act of 1976 to explicitly include provisions for publicity rights. Another is enacting federal legislation to harmonize inconsistencies across state statues regard publicity and privacy rights and set clear penalties which consider various aspects of images as a tangible work product. To address larger industry problems, the thesis will advocate for the establishment of industry standards in surfing, covering fair sponsorship, transparent finances, better compensation, mandatory insurance for injury prevention, and educational programs on financial and legal matters.