MASTODON are being sued by the estate of their late guitarist, Brent Hinds.
The claim states that the estate is being under-compensated for the use of Hinds’ image and likeness and also contests his share in a company operated by the band.
Hinds died in a motorcycle accident on August 20 last year, aged 51. The band has now responded to the lawsuit, saying it will vigorously defend it.
The claim was filed in Fulton County Court on September 3 against the band and its remaining founding members, Troy Sanders, Bill Kelliher and Brann Dailor.
According to the complaint, Hinds and the group had not finalised an agreement for him to relinquish his ownership interests in Mastodon and related businesses, including music and merchandising, before his death.
The estate was later issued an $80,000 cheque described as an aggregate buyout of those interests, but it has not been cashed because no accounting or calculations explaining the figure were provided.
The suit further alleges that a recognisable image of Hinds appears on the cover of the band’s new album Marrow Deep, released last month and the group’s first without him. Hinds did not contribute musically to the record.
“Nevertheless, Defendants selected and placed a recognizable image of Brent on the album cover of Marrow Deep and disseminated that cover to advertise, market, distribute, and sell physical albums, digital downloads and streams, merchandise, and related goods or services,” the lawsuit states.
The estate also criticises the surviving members for publicly discussing details of Hinds’ private life after his death, including matters relating to substance use that he had chosen to keep private while alive.
In a statement, Mastodon said: “Sadly, a private business dispute with the estate of our dear departed friend Brent Hinds was made public.
“We strongly deny allegations of ill intent on our part and intend to vigorously defend what we believe is a meritless lawsuit. We don’t intend to speak publicly on this going forward, as we feel this wouldn’t honor Brent’s memory or the legacy of his musical gifts.”
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