The story of Walter Iooss Jr.’s iconic 1969 photograph of Jerry West is a striking example of how creative work can become central to a brand without compensating its creators.
This image, captured by Iooss and later used by Alan Siegel as the inspiration for the NBA logo, symbolizes the power and elegance of basketball. However, neither Iooss nor West received royalties or credit, as the NBA claims the silhouette represents basketball itself, rather than any one individual.
This decision has allowed the NBA to avoid legal or financial obligations to both Iooss and West, a situation raising concerns about the respect for artists’ contributions in corporate branding.
Jerry West, a Hall of Famer, played for the Los Angeles Lakers and was known for his scoring ability and competitiveness. The logo has become a global symbol of the NBA, representing the league’s identity and its players.
Unseen Value: How Artists Can End Losing Out on Earnings
Unfortunately, this is not an isolated case. The issue of limited compensation and unfair agreements is common in creative industries. Musicians, for example, often face minimal returns from streaming platforms like Spotify, where payouts average around $0.003 to $0.005 per stream.
These low returns have spurred criticisms from artists, such as Taylor Swift, who famously withdrew her catalog from Spotify in 2014, challenging the streaming model’s impact on artists’ livelihoods. Similarly, visual artists frequently miss out on profits from the secondary market, as the U.S. lacks “resale rights” that allow artists to earn from the resale of their work when it appreciates in value.
Iconic figures like Jean-Michel Basquiat and musicians like Prince also highlight the problem of control over one’s work. Basquiat’s estate received nothing from the escalating resale value of his art after his death, and Prince fought a protracted battle over ownership of his music rights. Prince’s struggle underscores the restrictive nature of many music contracts that limit artists’ rights to freely distribute or profit from their creations. Both cases emphasize the pressing need for fair compensation reforms.
Efforts like the “droit de suite” resale rights established in the UK and EU, which give artists a percentage of resale value, are steps toward fairer compensation. Yet, such policies have not gained traction in the U.S. due to legal and financial hurdles.
The creative industries need frameworks that recognize the long-term value artists bring to culture. Proposals like resale royalties and fair-trade streaming models could offer artists financial recognition in line with their contributions, ensuring that creative professionals can continue enriching culture sustainably.
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