3 Count: Sick, Dying and Dead

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday.

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

First off today, Ashley Cullins at The Hollywood Reporter Esquire reports that an artist who has worked with the band Megadeth has filed a lawsuit against the band claiming that he was never paid for his work and that he holds the copyright to the cover for the band’s most recent album.

The lawsuit was filed by Brent Elliott White, who claims he has worked on multiple projects for the band and was contacted about doing the cover art for Megedeth’s newest album The Sick, The Dying… And the Dead! However, he claims that he put hundreds of hours into the work but never received a contract nor payment for his work.

According to White, as he got near the end the end of the project, realized he hadn’t signed a contract or sent an amount. However, before they could do so, the single dropped featuring the work he created. Since then, the work has appeared on the full album release as well as merchandise for the band, prompting the lawsuit.

2: $32m Copyright Damages Award

Next up today, Colin Mann at Advanced Television reports that both a district court and a federal bankruptcy court, both in Florida, have ruled in favor of DISH Network and ordered operators of the pirate streaming service ATN to pay a $32 million judgment.

The ATN service was operated by a company known as Alfa TV and featured ways to illegally access content that was available on the DISH Network. This prompted DISH to sue the company and those involved with it, with one of the individuals, Nezar Saeed Hammo, filing for bankruptcy in a bid to avoid paying damages.

However, that move did not pay off as both courts have now ruled that Hammo must stop selling the product and, furthermore, ruled the $32 million judgment could not be discharged as it was a willful copyright infringement.

3: Edina Public Schools Reach Settlement in Hornet Logo Copyright Lawsuit

Finally today, the Sun Current reports that, in Edina, Minnesota, the Edina Public School District has reached a settlement with artist Michael Otto over the design of the Edina High School Hornet mascot logo.

Otto had filed a lawsuit in January of last year, claiming that the school had overstepped the boundaries he set around the use of the image when he created and licensed it in 1981. Specifically, he was upset at the school taking steps to “encourage and promote” third-party usage of the logo.

He originally filed a cease and desist letter but, after the school refused to alter course, filed a lawsuit. That case is now settled and, though the terms of the settlement are not public, it was announced that the copyright to the logo is now held jointly with the school district and Otto.

The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.