Ottawa jogger in condo ad wins precedent-setting privacy fight

[La]

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.

Full article:
http://www.cbc.ca/news/canada/ottawa/jo ... -1.4421938

[La]

"The fundamental point is we should all have a right over the control of our image. And if someone is using your image for some commercial purpose, anyone would feel offended by that."

There are exceptions to the law in public spaces in which footage is allowed to be broadcast, such as for journalistic purposes or if the footage is primarily of a large crowd of people rather than a specific person, Champ added.

[deerdree]

interesting! i'm increasingly disturbed by the number of times this happens in public events, although not always for commercial purposes. i guess my bigger concern is that even when this is done legally (e.g., an explicit waiver saying your image might be used), it seems like it's hard to opt-out unless you simply choose not to participate.

e.g., from the ottawa marathon registration terms and conditions:
"that any photographs, videos or other recorded images taken of me/them by the Event Organizers or their Sponsors before, during or after an Event shall remain the property of the Event Organizers and that the Event Organizers will have the right to use in any form and in any manner of media, such photographs, videos and recordings without remuneration, compensation or other obligation, at any time and from time to time for the purpose of marketing in connection with an Event"