Brooklyn woman at center of HIV photo allowed to continue suit
A Brooklyn woman who discovered a public service announcement ambiguously identifying her as HIV positive may proceed in her civil rights lawsuit against the licensing photo agency.
Avirl Nolan, 25, took photos for an acquaintance’s editorial photo shoot on street fashion a few years ago. The photographer, Jena Cumbo, entered into a license with Getty Images for the rights to the images within her portfolio, including Nolan’s photograph. In need of photographs for an ad campaign, the New York State Division of Human Rights (DHR) signed a deal with Getty for the right to use images in its archive. The photo chosen was Nolan’s.
The quarter page full color advertisement appeared in the free daily newspaper, AM New York and showed Nolan with the words ”I AM POSITIVE (+)”and “I HAVE RIGHTS” next to her face. Below Nolan’s image were the words: “PEOPLE WHO ARE HIV POSITIVE ARE PROTECTED BY THE NEW YORK STATE HUMAN RIGHTS LAW. DO YOU KNOW YOUR RIGHTS?”