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A Body of Work for Hire

October 19, 2020 · Leave a Comment

Going through an old archive, I rediscovered this terrific article on Burton Silverman, best known (to his chagrin) as the painter of the cover art to Jethro Tull’s Aqualung. Here’s an age-old story — an artist does an inexpensive, flat-fee work-for-hire. And then the product takes off and earns millions for everyone except that artist. From the article:

The tale of how Chrysalis Records had done him wrong was turned into somewhat of a running family gag. Given the haggard figure he created, we mused that he might eventually embody his own artistic creation — a destitute, howling figure draped in rags and huddled in a darkened street corner. Buried within this bit of gallows humor lies a nagging truth: There’s a palpable sense of unease and frustration at seeing something he created become immensely popular — define his career, even — only to see his ownership of the work taken away, thanks in no small part to the persistent myths and outright falsehoods that have been told about the artistic inspiration for the cover.

The ‘persistent myths and outright falsehoods’ refers to how Ian Anderson, leader of Jethro Tull, keeps telling everyone that the figure on the cover is a representation of him. Silverman insists it’s not, and one wonders if he’d care so much if Anderson wasn’t such a knucklehead about this.1I believe Silverman here — the article is convincing — but, tbh, it does look a little like Anderson. 

Burton Silverman's 'haggard figure' from the cover of Jethro Tull's Aqualung

Silverman is a successful enough artist — recipient of countless awards and permanent collection inclusions — that his Wikipedia entry barely mentions his association with Jethro Tull. So, it’s not like Silverman owes his success to the band. But it grates on him. Silverman’s handshake agreement with Chrysalis didn’t anticipate all the t-shirts, the merchandise, the dorm room posters, and Anderson claiming ownership because he believes he’s the scary cover dude. (Anderson has also annoyed Silverman by publicly referring to the cover as “messy” and “not very attractive or well executed.”)

There’s no contract, an error on Silverman’s part, so maybe he doesn’t have a right to complain. Legally this is a grey area, detailed by a copyright attorney in the article. 

I recall other work-for-hire arrangements where there was a cut-and-dry contract, the project takes off, and the artist feels cheated. In particular, there’s one producer who did a remix of a known ’80s song.2It’s not essential to this story to name names. The remix took off, becoming a top-charting hit in the UK. The producer signed a ‘flat-fee’ agreement — no one forced him — but he felt the label should pay him royalties.

The remixer started publicly complaining that he wasn’t paid enough and should be entitled to a cut of the song royalty. “My remix is why this is popular,” he reasoned. He brought this up in every interview and article that featured him, perhaps oblivious that this remix of someone else’s popular song was the only reason for the interview.

In other words, rather than adopting a ‘body of work’ mindset and building on the success of this project, the producer was publicly renegotiating an arrangement that wasn’t negotiable.

A couple of labels commissioned the producer for other high profile remixes over the next several months, but nothing else was a hit. He disappeared from the charts and public interest shortly afterward. I am sure many in the industry passed on working with this producer because of his attitude and public airing of ‘sour grapes.’

Seth Godin writes about situations like this in a 2018 blog post titled Considering the Buyout. He brings up the “I Love NY” logo, which Milton Glaser designed for $2000, and the Nike swoosh, designed by Carolyn Davidson for an astonishing $35. Godin refers to these projects, and the remix and album cover above, as illustration, not art. They might be artistic — especially in Silverman’s case — but, Godin says, “Illustration has a client … taking on all the risk. The artist is free to wander, and free to own the consequences.” He continues: 

As Milton Glaser has shown, being associated with dramatic success as an illustrator opens the door to even more success. It can fuel your art and create opportunities for higher leverage in your illustration work as well. Illustration can pay some bills at the same time it chips away at your obscurity problem.

Derek Sivers talks about how if your answer isn’t an enthusiastic “hell, yes!” then it should be a definite “no.” But, he adds a caveat: when you’re starting out and building leverage, then often a “yes” will do. “Hell, yes!” is for artists with leverage, and it might take a few frustrating work-for-hire ‘yeses’ to finally exercise that privilege. 

🔗→ My Dad Painted the Iconic Cover for Jethro Tull’s ‘Aqualung,’ and It’s Haunted Him Ever Since
🔗→ Considering the Buyout

Filed Under: Commentary, Items of Note Tagged With: Burton Silverman, Derek Sivers, Jethro Tull, Nike, Seth Godin, Work-for-Hire

Shine a Light

June 5, 2020 · Leave a Comment

First off, as previously mentioned, today is ‘Bandcamp Friday’ — the platform is waiving its cut of revenue with 100% going to the artists. Here are some suggestions where you can throw your support today:

  • Pitchfork’s list of labels and artists directing Bandcamp revenue to Black Lives Matter organizations [LINK]
  • A list of black artists, producers, and black-owned labels on Bandcamp [LINK]
  • Resident Advisor’s list compiling both, with an emphasis on electronic music [LINK]
  • If you’re into ambient music, here’s a Reddit thread listing ambient artists of color that could use your support (h/t Terry Grant) [LINK]

Like most of you, I was feeling dispirited and down yesterday. The constant barrage of evidence that this country is falling apart weighs heavily. And the gray skies and rain weren’t helping. I had an interview scheduled in the early afternoon and didn’t know if I was up for it. I was looking for some good news, and anything would do.

Unexpectedly, Warren Ellis provided that bright spot with a shout out on his blog, perhaps in response to my shout-out to his blog on Tuesday. It’s a nice boost to get mentioned under the ‘Isles of Blogging’ tag. I’m proud to inhabit my little beach-side hut.

One thing I learned: Ellis has a lot of readers. There are a lot of new eyes peering at this speck on the web (hello), and I picked up a healthy amount of newsletter subscribers. Shining a light on a fellow toiling soul is one of the best parts of operating in an independent space, whether you’re a band or a novelist or a painter or a blogger. It’s a lovely feeling when you’re the recipient.

I mentioned Ellis’s newsletter — Orbital Operations — only a couple of days ago. It’s something I look forward to each Sunday. One of its regular highlights is the heartfelt words of encouragement closing each email, a needed end-of-week reminder that things eventually will be cool. I’ll shine a little light back by urging you to subscribe.


My interview was with Lawrence Peryer for the Spot Lyte On podcast. I talked about growing up in Central Louisiana, the challenges of finding underground music there, the historical threads of influence that connects musical artists, utopian streaming models, Kraftwerk (of course), and lots of other things. It was freewheeling and fun. Though I think we intended to include music industry shop-talk, there was very little of that. The podcast hits the pod-ways next week. I’ll give you a preview by linking to a record from 1981 that comes up at the end of the discussion: the mind-blowing “Outside Broadcast.”

Side-note: I enjoy gabbing on podcasts. If you’re interested in having me gab on yours then please get in touch.


I also mentioned a podcast interview with Derek Sivers. It’s an episode of Yo Podcast — an uplifting listen that will give your brain a break from the world-on-fire for an hour. Specifically, I mentioned and clumsily explained this part where Derek answers the question: Hendrix or Bowie?

Jimi Hendrix is like Charles Darwin. Darwin, he presents “The Origin of Species” to the world and it blows everybody’s mind. But now the theory of evolution is common knowledge, so to read the book, “The Origin of Species” now, is not so impressive. So Hendrix presents the “Star-Spangled Banner,” full of feedback and more sounds from a guitar than anyone had heard before, and it blows everybody’s mind. But now, every kid in the guitar store can do the same thing. So to hear the original, is not so impressive. I think it’s kind of the same with Stravinsky and the “Rite of Spring,” it’s actually kind of unfair that they’re revolutionary contribution is diminished with time.

But David Bowie is like Josephine Baker, exotic and desirable in their time, and exotic and desirable now. And same thing with Claude Debussy’s music. Like, David Bowie, Josephine Baker, and Claude Debussy, all of them stood outside of the culture. Their art didn’t infiltrate the culture and culture didn’t assimilate or adopt it. And so time doesn’t diminish their allure.

The podcast audio and the transcription are on Derek’s site.


Once again, dawn brings a bluish-gray over Lake Holden this morning = [LINK]

Filed Under: From The Notebook, Listening, News Tagged With: Activism, Bandcamp, Blogging, David Bowie, Derek Sivers, Jimi Hendrix, Lawrence Peryer, Lyte, Podcast, The Clash, Warren Ellis

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8sided.blog is a digital zine about sound, culture, and what Andrew Weatherall once referred to as 'the punk rock dream'.

It's also the online home of Michael Donaldson, a slightly jaded but surprisingly optimistic fellow who's haunted the music industry for longer than he cares to admit. A former Q-Burns Abstract Message.

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