MANHATTAN (PIX11) – Avril Nolan modeled for a photograph almost two years ago as a favor for an acquaintance for an online publication, she never thought her images would re-appear in an ad for people living with HIV by the New York State Division of Human Rights.
Nolan was notified of its existence on her Facebook page wall and she was mortified, especially because she was a healthy 25-year-old woman. And yet, next to her face, were the words I AM POSITIVE and I HAVE RIGHTS.
Nolan and her attorney Erin Lloyd already settled with the photographer, Jena Cumbo, but are now going after Getty Images in a $450,000 lawsuit.
Cumbo, according to Lloyd, sold Nolan’s photographs along with many others to Getty Images, a stock photo agency.
Nolan said she never signed a release authorizing her photos to ever be used again.
PIX11 reached out to both Getty Images and the NYS Division of Human Rights, but never received any response. A similar suit is expected to be filed next with against the NYS Division of Human Rights.