Woman sues after her picture used in HIV ad

A Brooklyn woman has launched a lawsuit against photo agency Getty Images, seeking $450,000 in damages over the use of her photo.

This image of Avriil Nolan, 25, which appeared in a New York State Division of Human Rights ad, sugests that she is HIV positive. She says is not infected with the virus and has launched a $450,000 lawsuit against Getty Images.

By: Curtis Rush News reporter

 A Brooklyn woman has launched a lawsuit against photo agency Getty Images, seeking $450,000 in damages over the use of her photo that was used in a newspaper advertisement portraying her as being infected with the HIV virus.

Avril Nolan, 25, does not have HIV, she says through her lawyer. The photo was taken two years ago when she posed for an online fashion feature.

Nolan was alerted to the photo by a public message posted on her Facebook page, the lawsuit states.

Her lawsuit, which alleges a violation of her civil rights, charges that Getty sold a photograph of her to the New York State Division of Human Rights without her approval.

The ad, which was published in the April 3 edition of amNew York, features Nolan standing in front of a graffiti-covered storefront.

In large letters, the ad reads: “I am positive (+).”

It continues: “People who are HIV positive are protected by the New York State Human Rights Law. Do you know your rights?”

Nolan’s lawsuit recalls a case in Canada involving Rehtaeh Parsons, the Halifax teen who died in April after a suicide attempt. Earlier this month, Parsons’ face was used by a dating company that advertised on Facebook.

Facebook later apologized and banned Ionechat.com from advertising on its website.

The suit was filed in Manhattan Supreme Court on Sept. 18.

The attorney representing Nolan said the woman “became instantly upset and apprehensive that her relatives, potential romantic partners, clients, as well as bosses and supervisors might have seen the advertisement.”

Feeling “humiliated and embarrassed,” Nolan was forced to confess to her employers that HIV ad appeared in a newspaper often used by her own clients for advertising and that is distributed to thousands of New Yorkers every day.

Nolan suffered “mental distress and anguish” over this use of her image, the lawsuit alleges.

“The photographer had no written release or authorization from Plaintiff to use or sell (Nolan’s) image, as is required pursuant to New York law,” Lloyd stated in the lawsuit.

The photographer who took the picture told the New York Daily News a series of unfortunate mistakes led to Nolan’s image appearing in the ad.

“A lot of people dropped the ball,” Jena Cumbo said. “I made a mistake. I didn’t understand my contract (with Getty).”

Getty has not made a public comment on the matter.