NYC Woman Sues Over HIV Ad

Claiming that she never signed a release, a Brooklyn woman has filed suit against the stock photography company Getty Images after she appeared in an HIV awareness campaign published by the state of New York. The woman's lawyer says that the state will also be sued.

Avril Nolan, 25, a Greenpoint resident who does not have HIV, alleged through her lawyer Wednesday that Getty Images, a photo agency, sold a photograph of her to the New York State Division of Human Rights without her approval. The state agency then took out an ad in the April 3 edition of amNew York that featured the photo of Nolan standing in front of a graffiti-covered storefront, along with the messages: “I am positive (+)” and “I have rights.” Nolan, who is originally from Ireland and works in public relations, charges that the ad forced her to have awkward conversations with her employer, friends and “potential romantic partners,” according to her suit against Getty, filed in Manhattan Supreme Court. It seeks $450,000 in damages. “She was mortified,” said Nolan’s lawyer, Erin Lloyd. “It has caused a lot of anxiety.” Getty did not respond to a request for comment. Lloyd said she will pursue claims against the Division of Human Rights for defamation and violation of Nolan’s civil rights.

The photographer claims to have misunderstood the contract with Getty Images.