Use Of Promotional Video Recording Stranger Results In $4,000 Damages Award

If a company makes a video-recording in a public area and captures your image on film, may they use the recording for promotional purposes? This question was recently considered by the Ontario Small Claims Court, which ruled that the complainant's privacy had been invaded and awarded damages in the amount of $4,000.00.

The defendant was a media company that had been hired to produce a promotional video for a residential condominium development. The media company was tasked with recording the neighbourhood and instructed to showcase the features of the neighbourhood and its amenities. In doing so, they recorded a woman jogging on a walking trail by a river. A two second clip of that recording was included in the two minute video.

The woman who was recorded found out and was upset. According to her, she had gained weight and, after the birth of her two children, started an exercise regime to reduce her size. The video showed her when overweight and she did not want that image presented to the public. She requested that the media company remove the image. Rather than do so, they advised that it would cost $400.00 in post-production costs.

The woman felt as if the $400.00 was being extorted from her. Not surprisingly, the rhetoric escalated and animosity increased. A lawsuit was commenced.

The court agreed with the woman and found that the media company had breached the woman's privacy by recording her and using the recording. It was ordered to pay damages in the amount of $4,000.00 plus $100.00 for "appropriation of personality" being the fee it would have had to pay an actor.

The Lesson: Make every effort to obtain permission before using a picture or recording of an individual for promotional purposes. If you do not gain permission, if someone complains, make further efforts to accommodate the complaint and resolve the issue. Failure to do so may result in a lawsuit and the associated damages award.

Vanderveen v Waterbridge Media Inc., 2017 CanLII 77435 (ON Sm.Cl.Ct.) https://www.canlii.org/en/on/onscsm/doc/2017/2017canlii77435/2017canlii77435.pdf

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