Former fashion model Ann Kirsten Kennis is suing indie rock band Vampire Weekend‘s record label, XL Recordings, for using a photo of her taken in 1983 on the cover of the band’s latest album, Contra.
Kennis, who retired from modeling years ago, was shocked to see her face on the cover when her daughter came home one day and showed her the album. She has filed a $2 million lawsuit, claiming her signature was forged on a release form by photographer Tod Brody.
According to Kennis’ lawyer, Alan Neigher, the photo is a Polaroid taken by her family and she has no idea how Brody ended up with it.
“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.”
Brody says he took the photo and it has been in his possession for 26 years. He declined further comment on the advice of his attorney.
The record label says it has a legitimate licensing agreement for the picture, and intends to file a response to the suit:
“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.”