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Legal Top Stories
Vampire Weekend model speaks out about lawsuit
By CMU Editorial | Published on Wednesday 25 August 2010
Ann Kirsten Kennis, the model whose picture appeared as the cover art and main focus of promotional material for Vampire Weekend’s latest album, ‘Contra’, has spoken to Vanity Fair about her subsequent lawsuit over use of the photograph without her permission.
As previously reported, the now former model launched a $2 million lawsuit against photographer Tod Brody, the band and their label XL Recordings earlier this year. Brody claims that he took to photograph in a 1983 television commercial casting session, pinning it up on the wall behind his desk for 26 years before selling it to the band in 2009.
Kennis, however, disputes that Brody took the photograph at all, speculating that it was actually taken by her mother: “It’s not even like it’s a Polaroid before a photo shoot, because the hair’s not done, the makeup’s not done, the lighting’s not done. Nothing. It almost looks like somebody caught me by surprise. The other thing that’s strange about this photo is that it’s not taken [in front of a] seamless [back-drop] like it would be in a photographer’s studio. You can see a door frame there and hinges right in the background”.
However, Brody refutes this suggestion, telling the magazine: “As a photographer, for them to try to say that I didn’t take the photo and I claimed I took the photo – that’s extremely damaging”.
Although this dispute over who took the photograph is likely to be discussed if the case goes to trial, the main focus of Kennis’ legal action is, as previously reported, a release form seemingly giving her permission for the band to use the picture, which she says was forged.
The document in question, which is apparently dated 30 Jul 2009, is an agreement between Vampire Weekend Inc and Kirsten Jonsen – Kennis went by the stage name Kirsten when she was a model, though her maiden name is actually Klendshoj. The model’s address is listed as that given as Brody’s residence in Kennis’ lawsuit. It is then signed by ‘Kirsten Johnsen’, who seemingly confirms she is handing over the rights to the picture for a fee of $1.
The article’s author, Jessica Flint notes: “The notion that Ann Kennis would have signed the document in 2009 using her old stage name, Kirsten, and a last name seemingly pulled from thin air stretches credulity, as does the idea that this veteran model, who was compensated at a level just below that of an elite supermodel during her ten year modelling career, would have sold the rights to her image for a mere dollar”.
Both XL and Vampire Weekend say that they believed they had licensed the photograph legitimately, though they are named on the lawsuit because Kennis feels that they did not go to far enough lengths to confirm that the signature and name on the release form were genuine.
If Kennis wins her case, she stands to receive substantial damages and potentially a cut of profits from ‘Contra’, which has sold over half a million copies worldwide.
