The ABA Journal is reporting on an unusual lawsuit that involves the rights of a photograph. It’s hard to put a value on the damages. So, as I tell the story, I’d like you to think about what you think that this case is worth.
A Brooklyn woman has filed suit against Getty Images after her photograph was used in an advertising campaign without her permission. In 2011, she sold her photograph for general use. Thereafter, Getty Images sold her photo to the New York State Division of Human Rights. It was done so without her approval.
In April, that agency took out an advertisement using Avril Nolan’s photograph. Here is that ad:
That ad was portraying her as someone who has rights despite being infected with the HIV. It even says in the ad, “I am Positive”. Despite not having HIV, Nolan was forced into awkward conversations with her employer and her co-employees.
The photographer who took her photo admits that “a lot of people dropped the ball”. Nolan had never signed a release authorizing the photographer to sell her likeness to any third party. That is the lawsuit for damages.
DID YOU KNOW that the word “Stressed” is also “Desserts” spelled backwards. A reminder that it’s how you look at things!
And for pic o’ day, I thought I would go with a photograph where it looks more fun that this story: