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MEGADETH Settles Lawsuit Over ‘The Sick, The Dying… And The Dead!’ Cover Art

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According to The Hollywood Reporter, MEGADETH has settled a lawsuit over the cover artwork for the band’s latest album, “The Sick, The Dying… And The Dead!”.

Three months ago, New York-based illustrator and designer Brent Elliott White, who created the artwork for “The Sick, The Dying… And The Dead!”, filed a lawsuit against the band, claiming he hadn’t received pay or credit for his work.

Last Thursday (May 11),the parties filed a joint notice of settlement informing the court that “the parties have reached an agreement in principle for the resolution of this action.” They intend to file a stipulation of dismissal within 30 days.

White‘s attorney Matthew Cave of Kibler Fowler & Cave on Friday (May 12) confirmed to The Hollywood Reporter “the matter has been resolved amicably.”

In the lawsuit, which was filed on February 3 in the U.S. District Court for the Eastern District of New York, White, who had previously worked with TRIVIUM, JOB FOR A COWBOY, DEATH ANGEL and ARCH ENEMY, among others, said he was contacted in early 2020 about creating a design concept and artwork for an upcoming MEGADETH studio album, which would be the third MEGADETH LP he has been involved in designing and producing artwork for.

By mid-April 2021, MEGADETH had settled on the concept and artwork that would become the basis for the cover of their album now titled “The Sick, The Dying… And The Dead!” Around this time, White says he was asked to create cover art for an EP release, which he also worked on.

On June 22, 2022, 5B Artists + Media CEO (and MEGADETH manager) Bob Johnsen told White that MEGADETH had been working on costumes for an upcoming tour and required additional renderings of the artwork chosen for the album cover because the stage decorations for the tour would be based on the album cover art, the lawsuit states. By text, White reminded Johnsen that he still did not have a written contract with MEGADETH and had not been paid for his work, 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.” In response, Johnsen told White: “First song drops tmrw [sic]” but assured “No one intended to not have this papered by now” and he “would bring it up the right way.”

On June 23, 2022, without a signed agreement with White in place and without paying White anything for his work, MEGADETH released White‘s artwork and — “shockingly to” White, according to the lawsuit — credited MEGADETH frontman Dave Mustaine for the album’s “Art Concept.”

The next day, White reached out to MEGADETH‘s record label, Universal Music Group, complaining, “I still don’t have a contract or payment from UMG for The Sick The Dying and the DeadBob [Johnsen] reached out yesterday…and he said he left it with UMG… I assumed someone would reach out to me to have this done before the album went out. Now the art was released in conjunction with the single and album pre-sale on social, [MEGADETH] website, Rollingstone [Magazine]…None of it credits me, not a mention on social and no credit in the article. We don’t have a contract or art release or usage agreement. Not trying to get legal here but since we don’t have a rights transferred agreement copyright does reside with me.”

After the artwork was released, MEGADETH “attempted to force” White to accept the same terms as for the first MEGADETH album he provided artwork for, according to the suit. White “never agreed to these terms and had expressly told” MEGADETH “before the album artwork was released that this arrangement would not be acceptable.”

In late July 2021, White gave Johnsen a breakdown of the time he spent working on the album artwork to date, which totaled $21,500. Johnsen agreed to the amount, but only if it would be for a “total buyout” of White‘s intellectual property rights to his artwork. White refused, and when he gave MEGADETH a price for buying out his intellectual property rights, with carve-outs for ways in which White had previously told MEGADETH he expected to be able to continue to exploit his own work and profit from it. MEGADETH refused to agree to those terms, including White‘s buyout price. Still with no contract or usage agreement in place with White, MEGADETH released “The Sick, The Dying… And The Dead!” in September 2022.

White sued MEGADETH, Universal Music Group and others for copyright infringement and asked the court for an injunction that would stop MEGADETH and UMG from using the artwork. He also sought damages and disgorgement of profits.

 

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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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Calvin Lucyshyn: Vancouver Island Art Dealer Faces Fraud Charges After Police Seize Millions in Artwork

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In a case that has sent shockwaves through the Vancouver Island art community, a local art dealer has been charged with one count of fraud over $5,000. Calvin Lucyshyn, the former operator of the now-closed Winchester Galleries in Oak Bay, faces the charge after police seized hundreds of artworks, valued in the tens of millions of dollars, from various storage sites in the Greater Victoria area.

Alleged Fraud Scheme

Police allege that Lucyshyn had been taking valuable art from members of the public under the guise of appraising or consigning the pieces for sale, only to cut off all communication with the owners. This investigation began in April 2022, when police received a complaint from an individual who had provided four paintings to Lucyshyn, including three works by renowned British Columbia artist Emily Carr, and had not received any updates on their sale.

Further investigation by the Saanich Police Department revealed that this was not an isolated incident. Detectives found other alleged victims who had similar experiences with Winchester Galleries, leading police to execute search warrants at three separate storage locations across Greater Victoria.

Massive Seizure of Artworks

In what has become one of the largest art fraud investigations in recent Canadian history, authorities seized approximately 1,100 pieces of art, including more than 600 pieces from a storage site in Saanich, over 300 in Langford, and more than 100 in Oak Bay. Some of the more valuable pieces, according to police, were estimated to be worth $85,000 each.

Lucyshyn was arrested on April 21, 2022, but was later released from custody. In May 2024, a fraud charge was formally laid against him.

Artwork Returned, but Some Remain Unclaimed

In a statement released on Monday, the Saanich Police Department confirmed that 1,050 of the seized artworks have been returned to their rightful owners. However, several pieces remain unclaimed, and police continue their efforts to track down the owners of these works.

Court Proceedings Ongoing

The criminal charge against Lucyshyn has not yet been tested in court, and he has publicly stated his intention to defend himself against any pending allegations. His next court appearance is scheduled for September 10, 2024.

Impact on the Local Art Community

The news of Lucyshyn’s alleged fraud has deeply affected Vancouver Island’s art community, particularly collectors, galleries, and artists who may have been impacted by the gallery’s operations. With high-value pieces from artists like Emily Carr involved, the case underscores the vulnerabilities that can exist in art transactions.

For many art collectors, the investigation has raised concerns about the potential for fraud in the art world, particularly when it comes to dealing with private galleries and dealers. The seizure of such a vast collection of artworks has also led to questions about the management and oversight of valuable art pieces, as well as the importance of transparency and trust in the industry.

As the case continues to unfold in court, it will likely serve as a cautionary tale for collectors and galleries alike, highlighting the need for due diligence in the sale and appraisal of high-value artworks.

While much of the seized artwork has been returned, the full scale of the alleged fraud is still being unraveled. Lucyshyn’s upcoming court appearances will be closely watched, not only by the legal community but also by the wider art world, as it navigates the fallout from one of Canada’s most significant art fraud cases in recent memory.

Art collectors and individuals who believe they may have been affected by this case are encouraged to contact the Saanich Police Department to inquire about any unclaimed pieces. Additionally, the case serves as a reminder for anyone involved in high-value art transactions to work with reputable dealers and to keep thorough documentation of all transactions.

As with any investment, whether in art or other ventures, it is crucial to be cautious and informed. Art fraud can devastate personal collections and finances, but by taking steps to verify authenticity, provenance, and the reputation of dealers, collectors can help safeguard their valuable pieces.

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Ukrainian sells art in Essex while stuck in a warzone – BBC.com

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Ukrainian sells art in Essex while stuck in a warzone  BBC.com

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