Vampire Weekend in Trouble

The entertainment world received a shock last week with the announcement of a $2 million lawsuit against indie rock superstars Vampire Weekend for the use of a photograph of model Anne Kirsten Kennis on the cover of their hit album Contra, released this year on XL Recordings. The claim, filed by Kennis, alleges that photographer Tod Brody, also named in the suit, passed off a Polaroid shot by her mother as his own work, forging the model’s signature on the photo’s release form. Brody has denied this, telling Entertainment Weekly, “[The claim] is blatantly false. I took the photo in 1983. The photo was in my possession the entire time, for 26 years, until it was delivered to Vampire Weekend.”

The lawsuit has sparked new debate throughout the industry regarding intellectual property rights and ownership, and Dina LaPolt, one of today’s leading entertainment lawyers, has been closely following the story. As such, it’s not a particularly new one, as she notes – “Claims made regarding ownership of the copyright in a photograph are very common in the entertainment industries,” she says. “Unfortunately, at times we have no way of knowing who the actual photographer was unless proper work for hires were signed at the time the photos were taken – which is not always possible.” She adds that this lawsuit should be a lesson for all future record releases: “Artists must always be wary of using photos on their albums unless proper chain of title can be traced.”

Dina LaPolt is a nationally-recognized and respected figure in entertainment law; known for her contributions to numerous music industry trade magazines; her appearances as a prominent guest speaker at conferences the world over; her ongoing UCLA Music Law Class: “LEGAL AND PRACTICAL ASPECTS OF MUSIC BUSINESS” which starts again in January 2011; and her independent entertainment law firm LaPolt Law, P.C.. Having worked in several areas of the music industry – as a musician, booking agent, talent buyer, and manager – LaPolt serves as a rarity within the entertainment industry: one who has seen the business from all angles.

Please watch a recent interview of Dina LaPolt:
www.rockerrazzi.com/2010/01/rock-n-roll-attorney-dina-lapolt_13.html

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