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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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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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