Published Jul 16, 2010Yesterday (July 15), we reported that Vampire Weekend were being sued by Contra cover star Kirsten Kennis, who claimed her 1983 snapshot was used without her permission after it was signed over to the band fraudulently by photographer Tod Brody. Now, Kenner's lawyer has made statements clarifying Kennis's case, and Brody has made some statements of his own.
As Kennis's lawyer Alan Neigher tells it, his client first saw the album cover when her teenage daughter brought the album home earlier this year.
"Her daughter came home one day and said, 'Hi, Mom, see your picture?'" Neigher told EW.
Kennis, who retired from modelling years ago, was taken aback, as the photo "was taken by her family," Neigher claimed. "It was a Polaroid, not a modelling picture."
Explains Neigher, "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. 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."
However, photographer and case defendant Brody insists that he took the photo. "Ms. Kennis's claim that I didn't take the photo is blatantly false," he told 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 lawyer's advice.
Vampire Weekend have yet to comment on the matter.