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.
U.S. & World
The ad ran in four print publications and three online publications.