Vampire Weekend have managed to issue a lawsuit to photographer Tod Brody over their "Contra" album cover although neither they or court officials know where he is.
The band are being sued for $2million (1.28million) by Ann Kirsten Kennis, who appears in the photo on the cover of the album, released earlier this year. She claims she did not give permission for the image to be used.
Vampire Weekend are saying that liability lies with Brody, because he presented them with a release form supposedly signed by Kennis. However, she claims Brody never even took the photo, despite selling it to the band to use.
Normally lawsuit papers have to be supplied in person, but as the band and court officials were unable to track the photographer down they were given permission to file them by mail and email, reports Pdnpulse.com. From December 3 it will be legally considered that he has received the papers.
If he doesn't respond a default judgement against him could be made early next year.
The band claim he "misrepresented certain facts and breached contracts. Responsibility, if any, for damages claimed by [Kennis] rests entirely on Brody."
While their legal issues rumble on, Vampire Weekend are in the middle of their biggest UK tour to date. They play the Brighton Centre tonight (December 1), then two nights at London's Alexandra Palace.
Thanks for the report to Nme.com.