Megadeth Album ‘The Sick, The Dying… And the Dead!’ Files lawsuit over cover art
The cover of the latest album by heavy metal band Megadeth The sick, the dying… and the dead! has filed a lawsuit against an artist who says he has not received any pay or credit for his work.
New York-based illustrator and designer Brent Elliott White says he “created artwork and characters for Megadeth over time that have become an integral part of the band’s identity” and was contacted in early 2020 recorded on this album. contract at the time, according to the complaint, and the draft stage involved multiple revisions and edits and hundreds of hours of work.
By April 2021, the band had chosen a concept for the cover 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 stage set artwork for an upcoming tour. That’s when White texted Johnsen noting that he was out of contract and hadn’t been paid, saying, “I know the album’s release time is hectic, but I should mention that every shipment, including album art, is conditional on compensation and contract, so we have to arrange that quickly.”
According to the complaint, which is enclosed below, Johnson’s response was that “‘No one was going to have this on paper right now’ and he would ‘bring it up appropriately’.”
The next day the first single dropped and White says the art was included Rolling stone but he was not credited. So the artist contacted Universal Music Group, explained the situation, and said that without a rights transfer agreement, he still owned the copyright.
When the album was released in September 2022, they were still unable to agree 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 sellers are asking $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 filing multiple claims under New York’s Freelance Isn’t Free Act, which requires a written contract for work worth $800 or more, sets standards for time of payment and prohibits other behavior such as pay cuts and retaliation.
White is asking the court for an injunction that would stop Megadeth and UMG from using the artwork, seeking damages and return of profits.
UMG and a representative for the band have not yet responded to a request for comment.
White v Megadeth by THROnline on Scribd
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