Posted in music on July 19, 2010

Vampire Weekend

As you probably know, Vampire Weekend's record label XL Recordings is being sued along with the band and a photographer for the use of a photo on the cover of Vampire Weekend's new album Contra. The label just issued the following statement:

"As is standard practice, Vampire Weekend and XL Recordings licensed the rights to use the photo on the cover of Contra pursuant to a license agreement that contains representations and warranties authorizing this use of the photo. Now that a lawsuit has been filed, we look forward to having the matter resolved in Court. We will be filing our response after we have had an opportunity to review the allegations. Consistent with our practice, we will not be commenting further about the pending litigation at this time."
A few more details on the former model doing the suing, including her opinion on why the photographer didn't take the photo. below...

FROM ENTERTAINMENT WEEKLY:

"Kennis retired from modeling years ago and now lives in Connecticut with her husband and daughter. According to her lawyer, the photo was taken in 1983, but not as part of her professional career. "It was taken by her family," Neigher says. "It was a Polaroid, not a modeling picture." So how did it wind up on the cover of a No. 1 hit album? Kennis isn't sure. "Her mother was a chronic Polaroid snapshot taker, and used to sell whole archives of photographs to these shops, five bucks a hundred or whatever," says Neigher. "Her mother may have given away to a charity bazaar a whole ream of photographs. We just really don't know...She has no idea how that photograph got into the photographer's hands."

"The photographer" is Tod Brody, who is also named as a defendant in the lawsuit. He laughed out loud when told of Kennis' story. "Ms. Kennis' claim that I didn't take the photo is blatantly false," Brody tells EW. "I took the photo in 1983. The photo was in my possession the entire time, for 26 years, until it was delivered to Vampire Weekend." Brody declined further comment, citing his own attorneys' advice." [EW]

More about Ann Kirsten Kennis, HERE.

Comments (31)

Again, I will be the first to restate the obvious. What the hell did they buy such a photograph for thier album cover? Any A-hole could have taken any picture of any reasonablly attractive girl in her 20's with a polo shirt

Posted by Anonymous | July 19, 2010 10:43 AM

But it's so much hipper if it's from 1983.

Posted by Anonymous | July 19, 2010 10:45 AM

I was thinking of caring about this topic, but wisely decided against it.

Posted by soysalami | July 19, 2010 10:57 AM

>

the same reason that sometimes people actually pay for music. because it's the right thing to do. this happens every few years and each time it's dismissed. the issue is only if the photographer misrepresented himself. if he did, he's screwed.

Posted by Anonymous | July 19, 2010 11:01 AM

wow i cant wait until they use this as material for a song on their upcominzzzzzzzzzzzzzzzzzzzz

Posted by Anonymous | July 19, 2010 11:07 AM

i'm sure their rich parents that helped get them: a) into columbia, and b) unwarranted publicity, will have no trouble writing a check to make this go away.

Posted by Anonymous | July 19, 2010 11:11 AM

Eh, the band sucks anyway. Best sue them now before people forget about them in a couple more years. They're the new Franz Ferdinand.

Posted by Anonymous | July 19, 2010 11:19 AM

doesn't matter if tod brody took the pic. if the model didn't sign a release authorizing its use he's screwed.

Posted by Anonymous | July 19, 2010 11:19 AM

11:19 FF>VW not even close...good try.

Posted by Anonymous | July 19, 2010 11:23 AM

11:11 - kinda weird that you know the income and liquidity of 8 strangers.

Posted by Anonymous | July 19, 2010 11:30 AM

10:43 There's such a thing as artistic authenticity. Your comment suggests that any photograph can be reproduced over and over by anybody. You're missing the point.

Posted by LKJ | July 19, 2010 12:16 PM

she looked like some stuck up bitch from CT

Posted by Anonymous | July 19, 2010 12:36 PM

She should do the world a favor and sue for an injunction for this turd band to never record or publicly perform music again, actually just any creative pursuit to be displayed in any fashion.

Posted by Anonymous | July 19, 2010 1:15 PM

12:16 No there isn't.

Posted by Anonymous | July 19, 2010 1:19 PM

This the stupidest hipster music-related news in a long time. It really has nothing to do with Vampire Weekend or whether or not you like their music. This bitch should be thankful a pic of her finally got some attention after failing as a model so many years ago. I'm not an expert on the legalities of this, so does anyone know if the Nirvana baby or the Smashing Pumpkin twins got paid crazy money like $2 million for using their likenesses or get paid royalties?

Posted by Anonymous | July 19, 2010 1:27 PM

speaking of the Nirvana baby, did Nirvana give Crunch gym permission to do those ads?

Posted by Anonymous | July 19, 2010 1:44 PM

I'm guessing Courtney Love did.

Posted by Anonymous | July 19, 2010 1:46 PM

it say's the mom would sell hundreds of pics to local shops.
besides being borderline child porn..doesn't that give the right to whomever bought the pics the ownership rights to sell and use them as they see fit?

Posted by Anonymous | July 19, 2010 2:46 PM

A picture is worth 1000 lawsuits

Posted by Anonymous | July 19, 2010 3:01 PM

Vampire Weekend's music is just as shitty as selling meth.

Posted by Anonymous | July 19, 2010 3:08 PM

2:46 - Yes. If her mom sold a box of old pictures then whomever bought the picture should be able to do whatever they want with it.

However the main issue is that "the photographer" Tod Brody went out of his way to claim that A) he took the photo and B) forge a model release.

XL and/or the band will give her a few grand as a settlement, not because they are guilty, but because it's the nice thing to do (ie. good PR). Mr. Brody on the other hand is boned. He won't have to pay 2 million, but his credibility is shattered.

Posted by Andrew St. Clair | July 19, 2010 3:27 PM

I definitely care less about this story now. What's done can't be undone. As to Why did they use that image? I think it ties right into the cultural backround VW grew up in, and the audience they play to.

Posted by Hector | July 19, 2010 3:34 PM

Tod Brody (Photog), one would think, should have a series of photos from that same 'event' or photo session or series of candid taken with her. If so, it would likely better support his proof that he took it.
Bottom line is it's his photo until proven otherwise, I'd guess.

Posted by Anonymous | July 19, 2010 5:23 PM

dudes, it's called COPYRIGHT. doesn't matter if moms sold pics at a flea market or wherever. if you buy an andy warhol soupcan painting for $5 or $ 5mil, fine it's yours. but you cannot reproduce that image for commercial purpose w/o expressed written consent from the AW estate.

Posted by Anonymous | July 19, 2010 7:34 PM

"artistic authenticity" for this particular picture gave me quite a laugh. It's literally a type of picture that anyone with a cellphone can take. It's a small step sideways from a passport picture.

Posted by Anonymous | July 19, 2010 8:17 PM

and someone should acknowledge the picture from the classic NES video game contra. BV was probably so proud of himself when he put it up.

Posted by Anonymous | July 19, 2010 8:18 PM

were these dudes even born before 1983?

Posted by Anonymous | July 19, 2010 9:50 PM

This is made all the more funny by the fact that someone interviewed VW a while ago [I think maybe Pitchfork] and Ezra was very proud to make it a point of cred that the cover was "an actual photo one of our friends took in the 80s."

Posted by Anonymous | July 20, 2010 2:03 AM

Look at this way: In 20 years from now, another scandal will break out where some chick's nude grainy pic she sent her boyfriend through an iPhone will be used ironically to give some trendy hipster band nostalgic credibility in their cover art.

Posted by Anonymous | July 20, 2010 1:29 PM

the photo is so generic. anyone could have taken it, and anyone could have posed for it, and it would be the same everytime. but i know, it's "art."

VW are idiots for even buying such a thing. such a pretentious thing to do.

Posted by Anonymous | July 23, 2010 11:31 PM

This bitch should be thankful a pic of her finally got some attention after failing as a model so many years ago. I'm not an expert on the legalities of this, so does anyone know if the Nirvana baby or the Smashing Pumpkin twins got paid crazy money like

Posted by كول | December 10, 2010 10:46 AM

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