Contra Photographer Subpoenaed by Vampire Weekend, Model
Published Nov 30, 2010We haven't heard too much about the cover photo controversy surrounding Vampire Weekend's Contra lately. Back in the summer, it was reported that the album featured a misappropriated picture of ex-model Ann Kirsten Kennis, who ended up suing the outfit for $2 million. The Polaroid was said to have been taken by photographer Tod Brody back in 1983, but the model insists it was an old family photo. Vampire Weekend responded to the situation claiming they licensed the photo from Brody not knowing its origins and that Kennis's qualms are with the photographer.
But since the summer, all parties have been fairly mum on the case. The reason for the silence? No one knows where Brody is.
A blog entry from the Photo District News [via the Village Voice] explains that the photographer has seemingly disappeared. While Kennis and Vampire Weekend want the snapper to answer their questions surrounding the incriminating pic, the guy is unreachable. With that in mind, the two parties have given up on meeting Brody face-to-face and will serve him subpoena papers electronically.
"So the court has approved a joint request from Kennis, Vampire Weekend, and the band's record label to serve papers on Brody via email and the U.S. mail," says the post. "The court approved the alternate delivery on November 18. Court records show that a summons was issued to Brody on November 24. The court says it will consider Brody in receipt of the papers ten days from that date. That sets Brody up for a default judgement if he doesn't respond to the claims against him by early 2011."
Who knows if the photographer will respond in time, but let's hope he does so everyone involved can settle this matter for good and have a nice, ahem, holiday.