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Megadeth Album ‘The Sick, The Dying… And the Dead!’ Draws Lawsuit Over Cover Art

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The cover of heavy metal band Megadeth’s latest album The Sick, The Dying… And the Dead! has drawn a lawsuit from an artist who says he hasn’t received pay or credit for his work.

New York-based illustrator and designer Brent Elliott White says he has “created artwork and characters over time for Megadeth that have become an integral part of the band’s identity” and was contacted about this album in early 2020. They didn’t sign a written contract at the time, according to the complaint, and the concept phase involved multiple revisions and edits and hundreds of hours of work.

Director Joe Peeler attends the 2023 Sundance Film Festival "Bad Press" Premiere at The Ray Theatre on January 22, 2023 in Park City, Utah.
Steve Bunnell

 

By April 2021 the band had chosen a concept for the cover for The Sick, The Dying…And the Dead! and asked White to create art for an EP release. More than a year later, in June 2022, White says the band’s manager Bob Johnsen asked him for additional renderings of the artwork for stage decorations for an upcoming tour. That’s when White sent a text to Johnsen noting that he didn’t have a contract and hadn’t been paid, saying, “I know album release time is hectic but I have to mention that any send off, including album art, is contingent on compensation and contract. So we’re going to have to sort that out soon.”

According to the complaint, which is embedded below, Johnson’s response was that “‘No one intended to not have this papered by now’ and he ‘would bring it up the right way.’”

The next day the first single dropped, and White says the art was featured in Rolling Stone but he wasn’t credited. So, the artist contacted Universal Music Group, explained the situation and said that without an agreement to transfer rights he was still the owner of the copyright.

When the album was released in Sept. 2022, they still hadn’t agreed on a price. White says the album is a hit (“We’ll Be Back” was nominated for a Grammy for best metal performance), YouTube videos showing the work have been viewed millions of times, and vendors are charging $100-$600 for merchandise featuring his art because defendants licensed the work to third parties without permission.

He’s suing Megadeth, UMG and others for copyright infringement and is asserting multiple claims under New York’s Freelance Isn’t Free Act, which requires a written contract for work valued at $800 or more, sets standards for the timing of payment and prohibits other behavior like dropping pay rates and retaliation.

 

White is asking the court for an injunction that would stop Megadeth and UMG from using the artwork, and is seeking damages and disgorgement of profits.

UMG and a representative for the band have not yet responded to a request for comment.

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40 Random Bits of Trivia About Artists and the Artsy Art That They Articulate – Cracked.com

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40 Random Bits of Trivia About Artists and the Artsy Art That They Articulate  Cracked.com

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John Little, whose paintings showed the raw side of Montreal, dies at 96 – CBC.ca

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John Little, whose paintings showed the raw side of Montreal, dies at 96  CBC.ca

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A misspelled memorial to the Brontë sisters gets its dots back at last

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LONDON (AP) — With a few daubs of a paintbrush, the Brontë sisters have got their dots back.

More than eight decades after it was installed, a memorial to the three 19th-century sibling novelists in London’s Westminster Abbey was amended Thursday to restore the diaereses – the two dots over the e in their surname.

The dots — which indicate that the name is pronounced “brontay” rather than “bront” — were omitted when the stone tablet commemorating Charlotte, Emily and Anne was erected in the abbey’s Poets’ Corner in October 1939, just after the outbreak of World War II.

They were restored after Brontë historian Sharon Wright, editor of the Brontë Society Gazette, raised the issue with Dean of Westminster David Hoyle. The abbey asked its stonemason to tap in the dots and its conservator to paint them.

“There’s no paper record for anyone complaining about this or mentioning this, so I just wanted to put it right, really,” Wright said. “These three Yorkshire women deserve their place here, but they also deserve to have their name spelled correctly.”

It’s believed the writers’ Irish father Patrick changed the spelling of his surname from Brunty or Prunty when he went to university in England.

Raised on the wild Yorkshire moors, all three sisters died before they were 40, leaving enduring novels including Charlotte’s “Jane Eyre,” Emily’s “Wuthering Heights” and Anne’s “The Tenant of Wildfell Hall.”

Rebecca Yorke, director of the Brontë Society, welcomed the restoration.

“As the Brontës and their work are loved and respected all over the world, it’s entirely appropriate that their name is spelled correctly on their memorial,” she said.

The Canadian Press. All rights reserved.

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