Ann Kirsten Kennis, a former model had filed a $2 million lawsuit against indie rock group Vampire Weekend. The lawsuit is all about the use of her photo as cover for the band’s album Contra without her permission. According to her Attorney, Alan Neigher, she found out about the allege use of her image when her daughter came home one day and asked her if she had already seen her picture. Kennis was surprised after seeing her photo on the album Contra.
The said photo was taken in 1983 by a family lawyer and wasn’t part of her professional career, according to her lawyer. It was not a modeling picture and instead was just a Polaroid. It is still a puzzle for them how the picture ends up in the cover of the album. They speculate however, that maybe it was included in one of the rim of photographs Kennis’ mother had given to a charity bazaar. But how it ends up in the photographer’s hands is still not known.
On the other hand, Tod Brody, the photographer, had deliberately claimed that Kennis statement is incorrect since he was the one who took the photo and that it had been in his possession ever since until it was given to the Vampire Weekend.
XL Recording, the record label of the band had released a statement saying that they have the right to use the image as cover of the album and had signed a license agreement containing proper representations and warranties making them authorize to use the photo.
Contra is the second album of Vampire Weekend which was released last January and had been topping the Billboard album chart. During an interview with the band while promoting the album, front man Ezra Koening and bassist Chris Baio was asked about the intriguing cover. Chris Baio said that they haven’t met her or even know her. It was just that they view the photo as striking said lead singer Ezra Koenig.
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