Woman Sues Getty: Falsely Labeled As HIV-Positive

Posted on 9/20/2013 by Jim Pickerell | Printable Version | Comments (2)

According to the New York Post Avril Nolan, 25, has sued Getty Images for $450,000 after discovering her unreleased picture splashed across a quarter-page color ad in the free newspaper am New York on April 3, 2012. Next to her face were the words "I am positive (+)" and "I have rights."

Nolan is perfectly healthy, never had HIV and never signed a model release to allow her image to be used in any kind of advertising.  

She was alerted to the use by Facebook friends and her pilates instructor. Nolan, who works in PR, says New York photographer Jena Cumbo took the photo, but "had no written release or authorization" to use or sell the image.



Cumbo described herself as an acquaintance of Ms Nolan. "I have been nothing but apologetic about how this happened," Cumbo told The Post. "I never intended for her picture to be used in this way." Cumbo confirmed that she never gave Getty a release and that the photo was originally used editorially in a magazine.

The message, paid for by the New York State Division of Human Rights, continued that "people who are HIV positive are protected by the New York State Human Rights Law."



"Upon learning of the publication, [Ms Nolan] became instantly upset and apprehensive that her relatives, potential romantic partners, clients as well as bosses and supervisors might have seen the advertisement," she wrote in the court papers.

"Feeling humiliated and embarrassed, [Ms Nolan] was forced to confess to her bosses that her image had been used in an advertisement for HIV services, implying that she was infected with HIV, in a newspaper often used by her own clients for advertising and that is distributed to tens of thousands of New Yorkers every day."

Questions




How many customers think that because a person’s image is on GettyImages.com – in the Editorial Collection or otherwise – that it is available for any type of use whatsoever, regardless of what the context of the use might imply about the individual, or how it might damage the individual’s reputation?

How many customers read the fine print in the license agreement after they have purchased an image?


Copyright © 2013 Jim Pickerell. The above article may not be copied, reproduced, excerpted or distributed in any manner without written permission from the author. All requests should be submitted to Selling Stock at 10319 Westlake Drive, Suite 162, Bethesda, MD 20817, phone 301-461-7627, e-mail: wvz@fpcubgbf.pbz

Jim Pickerell is founder of www.selling-stock.com, an online newsletter that publishes daily. He is also available for personal telephone consultations on pricing and other matters related to stock photography. He occasionally acts as an expert witness on matters related to stock photography. For his current curriculum vitae go to: http://www.jimpickerell.com/Curriculum-Vitae.aspx.  

Comments

  • Yva Momatiuk Posted Sep 20, 2013
    Getty used to demand a full model release before accepting images showing recognizable people. We are with Getty, and I remember attending a seminar where Getty folks showed us pictures illustrating the idea of "recognizable." Then some of these rulles relaxed and allowed us to submit "travel type" editorial pix, but not those which could be used for ads. What happened to compulsory model releases? Yva Momatiuk

  • Bill Bachmann Posted Sep 21, 2013
    Getty should have made sure it had release here. Also, any SENSITIVE subject (like HIV) should have a separaTE RELEAse before usage. This is standard procedure .... period! I would guess the client never told Getty the usage and the client also is liable then!

    www.billbachmann.com



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