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

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.

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 September 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 to $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.

White v Megadeth by THROnline on Scribd