At trial, Waterbridge testified it wasn't the photographer's intention to capture individual people, rather the "environment, river, and geography." However, the judge didn't buy it.
"The photographer was not just filming a moving river, he or she was waiting for a runner to jog along the adjacent jogging trail to advertise the possibility of the particular activity in Westboro," Justice Roger Leclaire wrote in his judgement.
"The filming of Mme. Vanderveen's likeness was a deliberate and significant invasion of her privacy given its use in a commercial video," the judge added.
Vanderveen was awarded $4,000 in damages for the privacy breach and $100 in "damages for appropriation of personality," which is an estimate for how much it would have cost the company to hire an actor for the jogging scene.
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