January 08, 2009
From the Vault: Bo Diddley
Bo Diddley, seen here in 2004 with his signature square guitar. Photo by Aconcagua.
A Millionaire Without a Dime
The next time you hear the Recording Industry Association of America accuse some Internet-savvy teenager of robbing artists of their royalties, you might want to remember that less than 50 years ago, record execs cut in on artists' royalties as a matter of policy. For instance, it's a good bet that bluesman Elmore James never approached record mogul Morris "The Octopus" Levy to help him write "The Sky Is Crying." But according to the song's credits, he did.
Bo Diddley, who wrote such classics as "I'm a Man" and "Who Do You Love?" and is the recognized creator of the shave-and-a-haircut beat that has gone on to serve as the primordial ooze for countless rock songs, never shared a songwriting credit with a record producer. (Who else could reasonably claim ownership on lines like "I use a cobra snake for a necktie?") Still, during a stretch in the mid-1980s, as the pioneers of rock and roll were being rediscovered via compact disc, Bo began to publicly wonder why he was living in a trailer in Gainesville, Fla., while those who promoted his music were living in mansions.
In a 1987 interview with "Rolling Stone," Bo claimed he made less than $75,000 during his tenure with Chicago's Chess Records, and that upon his departure he was handed a bill for $125,000.
"I am a monument without a pedestal to sit on," he said. "A millionaire without a dime. I want what was due to me 30 years ago, and I want the interest off it."
"Minus Returns"
According to "Spinning Blues into Gold: The Chess Brothers and the Legendary Chess Records," by Nadine Cohodas, Bo approached music publisher Gene Goodman about his royalties but was directed to "go dig up Leonard." Founder Leonard Chess, who died in 1969, kept figures for sales, production costs and royalty payments – reportedly on scraps of paper, almost all of which were misplaced during Chess Records' merger with General Recorded Tape, also in 1969.
Marshall Chess, Leonard's son, countered Bo's allegations by saying his contract was standard at the time, including the agreed-upon royalty payment of two to four percent. "We never cheated any artists," he told music journalist Kurt Loder in 1987. "I'm sure that Bo got paid on every record sold, minus returns.
"What's missing from Bo's version of events is all the gimmes," he added. "Bo was one of the biggest takers. It was a constant refrain of ‘I need, I want,' $500 at a clip that could add up to thousands by the end of the year."
Go Bo Diddley
Without a copy of the original recording contract and no record of advances earned or paid, Bo never filed suit against Chess Records.
Still, there were a few days in court: In 1994 he won a $400,000 lawsuit against his former manager Martin Otelsberg, alleging that Otelsberg had siphoned money from his account during the 1970s. He also sued athletic apparel company Nike in 2000 for breach of contract, claiming the company had not paid him after selling T-shirts that read "You Don't Know Diddley" as part of a revival of a popular 1989 advertising campaign featuring the living legend alongside another famous Bo, athlete Bo Jackson. (Nike later settled out of court.)
Still, nothing beats the blues like hitting the road: In 2005, Bo Diddley celebrated his 50th anniversary in music with successful tours of Australia, Europe and North America. In 2006, at the age of 77, he headlined a benefit concert for the town of Ocean Springs, Miss., which sustained severe damage from Hurricane Katrina.
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