A woman who was blindly used in HIV received $ 125,000

A woman whose photo was used in an HIV advertising campaign with the slogan "I AM POSITIVE (+)" without her knowledge was compensation of $ 125,000.

Avril Nolan, who does not have HIV, was "devastated" when an acquaintance sent her a copy of the AM New York newspaper's publicity in 2013. The ad quarter of the human rights division of the state of New York it featured a large picture of her, with "I AM POSITIVE" and "I ON A RIGHTS" (in English). ).

"The public is then informed that HIV-positive people have rights protected by the New York State Human Rights Act, and information on how to contact them. "Agency are provided," wrote Judge Thomas Scuccimarra in a decision released Tuesday. "Ms. Nolan was not HIV positive and she did not report that the person portrayed as a role model was in the advertisement." Ms. Nolan did not allow the use of her photo, taken in a totally different context, and apparently then sold. "

Nolan, who worked in the field of public relations, had posed for the photo for a magazine magazine article" To the Streets "on his musical interests in 2011, noted the judge. The photo was then sold to a photo agency, which authorized him to advertise for the Human Rights Division

Nolan, a little distraught, called the photographer after the "I". have seen and the latter tried to have it taken by DHR. A DHR employee initially replied: "We must directly hear from the model by e-mail that it will not hold DHR accountable for the use of its image in this campaign." Upon receipt of this email from Ms. Nolan, we will extract the image of according to the judge's decision.

Nolan felt "taken hostage", which added to "anxiety and distress," writes the judge.

The The uproar caused her extra stress at work, making her "paranoid" that strangers would recognize her, the judgment said.

She later learned that an ad had appeared in four print publications and three online publications. " The concerns have returned "multiplied", noted the judge.

Nolan claimed $ 1 million in damages for "the embarrassment, humiliation and fear that she has experienced and suffered for at least six months in excess of $ 25,000. One year. "

The state claimed that Nolan was" entitled to reasonable compensation, but not to an unexpected benefit, "and suggested that she not receive more than $ 25,000.

concluded that $ 125,000 would constitute "reasonable compensation"

Erin Lloyd, Nolan's lawyer, declined to comment. The Attorney General's Office of the State of New York, who defended the case, sent a request for comment to DHR, who did not immediately respond Tuesday night.

Nolan reportedly entered into a confidential agreement with Getty Images for his role in advertising in 2015.