Ha, scandal. Sure. I ain’t saying Kirsten Kennis is a gold digger, but let’s all agree that musicians are not responsible for the authenticity of release forms related to their album art. (Except Owl City, who is a dirty thief.) Vampire Weekend’s Ezra Koenig reluctantly talks to NME:
“I think I can speak for all of us and say this is the first time any of us have ever been sued, so we’re still learning how it works. There’s so many things we could say about it but given we have no experience of it we’re just keeping conversations to a journal for now, which is a little frustrating. There’s nothing we can say about it. We’re not trying to be mysterious. I imagine in the next few months there’ll be plenty to talk about. Given it’s our first time we just want to do it properly.”
Very diplomatic. Does anyone know if Ezra went to a good college?
Being sued (even if only by a former model or member of Chickenfoot) is a right of passage. Mazel Tov, guys.
In more delicious Vampire Weekend news, keep an eye on @dosahunt, from which our own Amritgum will report next month.
UPDATE: XL has released a statement:
“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. We will be filing our response after we have had an opportunity to review the allegations. Consistent with our practice, we will not be commenting further about the pending litigation at this time.”
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Kirsten Kennis sucks. She is hot though.
Maybe in ’82 she was, I’m wondering what she looks like now.
Anyone else remember that interview from late 2009/early 2010 where Ezra was like “I’d really love to meet this woman on the cover of our album”?
Total change of plans after this one, I guess.
It doesnt look favorable at all for that woman.
As a lawyer, I just thought I’d share a little insight on what’s happening, if anyone cares.
The photographer they bought the rights from to use the photo promised in his agreement with VW that he had all the rights that he needed from the models, etc. in his photos.
KK can sue VW, and if she wins, they would turn around and sue the photographer to reimburse them for whatever they had to pay KK (plus court costs), for breaking his promise in the agreement that he owned all the rights to the photo. But if that photographer is just some random dude with no cash and no liability insurance, VW would be trying to get blood from a stone and may have a hard time getting reimbursed. The court can give you a $500,000 judgment against someone, but if they don’t have the money, they don’t have the money, and VW might get screwed given that they seem to be doing pretty well.
GG
The problem does not lie with VW, but with the photographer. All VW has to do is provide evidence that they went through all the necessary steps to ensure proper licensing of the photo. If they did all they needed to do, then the fault will be with the photographer who is responsible for the faulty documentation.
This should be simple, as a band like VW surely has capable lawyers who can point this out in court. Judging by the statement XL released, they too have a few lawyers under their belt and aren’t going to let some washed up model scam them for 2 mill, when the liability rests with the photographer.
I have discussed this case and many similar licensing cases in my Copyright Law for Music Business class. If I learned anything in that class, its that when regular people take on record labels, they usually lose. Sorry Kristen.
She has no breasts.
well, that’s one way to make sure people remember you for more than “that chick on contra.” now she’s “that b!tch who sued vampire weekend for stupid reasons”
Stupid reasons = a band using an image of you, which you allegedly own, without your permission? That’s the law, dude.
Even if she is in the right, it isn’t the band’s fault; it’s the fault of the label for not adequately clearing the image.
Not the label. The Photographer for clearing an image he doesnt own.
Personally, it doesn’t make sense that they would have gone ahead releasing a major CD without having ALL relevant clearances and licenses in place. Especially when the cover of said CD displays someone’s clear distinct image. Isn’t this what legal departments are for?
who cares
Kristengate? Gates are way too cliché this should named the Kristen-Contra Affair.
This bitch can do somewhere with that. Team VAMPIRE WEEKEND! :)
*go