She’s not going to let them off.
For years, the Museum of Sex plastered photos of the New York artist kissing his then-girlfriend on subway ads, sidewalk LED displays, and on its website and social media accounts, without her consent. She also said he has been using it without paying her a dime. she alleges in a new lawsuit.
For more than four years, Julia Sinelnikova, 34, said in a lawsuit in Manhattan Supreme Court seeking $275,000 in damages that the Midtown Museum of Art has kept her personal photos taken in September 2019 as “tickets.” He claims that he has been using her to “increase sales,” but he says he never bothered to consult her about it. compensation.
“I’m the one engaging in intimate acts with people I haven’t talked to in years,” Sinelnikova, who lives in Ridgewood, Queens, told the Post in an exclusive interview Wednesday.
“It’s not representative of my life right now.”
The sculptor, who has an art studio on the border of Bushwick, Brooklyn and Ridgewood, first began photographing in late 2023 when dozens of “acquaintances” approached her about the images, according to Sinelnikova and reporters. He said he realized the extent of the impact. She filed her lawsuit earlier this month.
In the photo, Sinelnikova is seen smooching her ex-girlfriend, who at the time worked as a front-desk worker at the Fifth Avenue Museum of Art, in the cultural institution’s Super Funland exhibit.
Sinelnikova said the two were taking snaps for social media when someone photographing the exhibit snapped a photo of them.
The museum “didn’t teach” [Sinelnikova] “The photos may be used for commercial or advertising purposes at any time,” the Feb. 4 filing charged.
All the while, “its photographs have been viewed by hundreds of thousands, even millions, of New Yorkers and visitors to New York.”
The museum’s “ticket sales increased” after it began using the photo in Super Funland’s marketing materials, the suit says, and Sinelnikova noted that what was supposed to be a temporary exhibit became permanent.
Sinelnikova had seen the image in promotional materials for an exhibition in 2019, but when acquaintances started contacting her about the photo late last year, she realized that the snapshot had appeared on subway advertisements, sidewalk LED displays, and museums. I noticed that it was also used on posters outside and in museums. Website and social media accounts.
One of the social media posts containing the image of the kiss garnered more than 1 million views, Sinelnikova said.
The revelation was “shocking,” she told the Post.
“This is the worst public theft of my image that I have ever experienced,” Sinelnikova said. “As an artist who is also a model, I am saddened by the loss of my art and myself. He pointed out that people have become used to companies and others allegedly using photos illegally. From modeling work.
According to the complaint, Sinelnikova confronted the museum about the serious violation, and museum director Daniel Gluck acknowledged the wrongdoing in a Jan. 15 email.
“I apologize for using your image without your permission. I am stunned that no one had your permission at the time,” Gluck wrote in an email, according to court documents.
Ms. Sinelnikova said the museum offered her just $2,000 to resolve the issue, which she said was an “insult” and wasn’t even enough to cover one month’s rent. said.
Sinelnikova said she countered that she asked for 500 museum tickets, worth $25,000, even though she knew it was less than she believed she should be paid.
But the museum refused to negotiate, instead hiring a lawyer and threatening to sue for defamation, she claimed.
“Just knowing that the other person has already admitted to harming me and is going to spend money, significant amounts of money, in a Manhattan law firm to continue to harm me quite publicly. …The intent seems quite cruel,” Ms. Sinelnikova said.
Since the lawsuit was filed, the museum has continued to use the photos, and Sinelnikova said she is waiting for the museum’s lawyers to respond in court next month to request an injunction to stop the use of the images.
“We will ensure that our client is fairly compensated for the use of the images, with an amount to be determined by the jury,” her attorney, Andrew Muchmore, told the Post.
Robert Basil, a lawyer for the museum, told the Post that he is working to remove all images of Sinelnikova and that the museum has asked the MTA to remove advertisements featuring the photo from subways. .
Basil claimed that Sinelkova was one of 12 models asked to be photographed in 2019, and that all but her had signed a release.
“And that’s clearly an oversight on our part,” he said.
“We didn’t do any follow-up. Nevertheless, looking at the images, I don’t think you would know it was her.”
Based on Ms. Sinelkova’s claims, Basel said that under state law, Ms. Sinelkova – who notably posted a photo on Instagram pandering to an ad campaign she appeared in – can only seek damages of up to $2,000. he claimed.
“The law states damages are $2,000, which we were happy to pay her, but she and her attorney feel they have been unfairly treated and they are We want a huge settlement,” the lawyer said.
