Vampire Weekend have filed a suit in a California Federal Court against the mysterious Tod Brody, a photographer who supplied them with the cover image they used on their Contra album last year. He claims he took the photo in 1983, but the subject of the photo, Ann Kirstin Kennis, is suing Vampire Weekend for $2 million saying it was a family polaroid taken by her mother.

Vampire Weekend have hit back by suing the photographer for the same amount. The claim, filed in August along with their record label, has only come to light now because their lawyers can’t find Brody. So the judge involved has taken the unusual step of allowing them to sue him via email and snail mail rather than in person. If he doesn’t respond to the claims, a judgement could be made against him early next year. The band reckon Brody told them he had “good title and full right and authority” to license the image to them. They claim he “misrepresented certain facts and breached contracts. Responsibility, if any, for damages claimed by [Kennis] rests entirely on Brody.” Who said indie bands only ever sooked over bad reviews?

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