Oh Tod Brody, where art thou? That's the question Vampire Weekend, model Ann Kirsten Kennis and a federal court judge in California are asking as the photographer behind VW's Contra cover is nowhere to be found.
If you remember, Kennis sued Vampire Weekend and Brody in July for $2 million for using her image on the band's #1-charting effort without her permission. But VW insisted they bought the photo from Brody legitimately and if anyone's to blame in all this, it's him. To prove their point, the band and their label, XL Recordings, counter-sued Brody in August. Unfortunately now, since Brody remains as elusive as Jason Bourne, the court had no choice but to subpoena him via email at the joint request of Kennis, Vampire Weekend and XL.
According to Photo District News:
(Normally, court papers have to be served in person.) 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 10 days from that date.
That sets Brody up for a default judgment if he doesn’t respond to the claims against him by early 2011.
[via The Village Voice]