A New York woman whose photo was used in an ad campaign promoting the rights of HIV-positive people without her knowledge has been awarded $125,000 in damages, NBC News reported.
Avril Nolan — who does not have HIV — sued the state's Division of Human Rights, alleging it had improperly used her photo in a 2013 ad that included the words "I AM POSITIVE" and "I HAVE RIGHTS."
Nolan had posed for the picture for a "street-style" magazine piece in 2011. The picture was later sold to Getty Images, which licensed it to DHR for the ad.
In a ruling made public Tuesday, Justice Thomas Scuccimarra wrote that the ad didn't contain a disclaimer clarifying the person depicted is a model. "Ms. Nolan did not give permission for the use of her photograph, taken in an entirely different context, and apparently thereafter sold," Judge Scuccimarra wrote.
The ad ran in four print publications and three online publications.