To Soothe the Savage Beast 

by Steve Traudt 

Gather a group of photo enthusiasts, and the conversation soon turns to digital imaging and the  hotly debated issue of copyright. With the proliferation of photo cds, scanners, and digital manipulation,  photographers are growing increasingly wary.  Yet those same photographers have long violated the rights  of another group--musicians. We all acknowledge the impact music can add to photography. Try to imagine the movie JAWS without its signature sounds or 2001: A Space Odyssey without the "Blue  Danube Waltz."  Whether the equipment includes a single projector showing a summer vacation, a  sophisticated multi­projector corporate presentation, or a wedding video, music has become a nearly  inseparable part of the final screening.  But, all too often--knowingly or not--photographers have blithely  ignored the copyright of their music. 

Ignorance may be bliss, but it can also be very expensive. Consider the plight of a company in  Grand Junction, Colorado. Recently, this company was fined several thousand dollars for tying a  local radio station into its telephone system. Callers placed on hold were entertained with radio  music. Unfortunately for the company, no music rights had been obtained. 

Like a photographer, a musician obtains a copyright when s/he composes music. The legal issues  become complex when that piece of music is recorded. The recording artists have rights as well as  the record company producing the cd or tape. And, finally, if the piece is played in public, a  performance right exists. 

Before going further, let's dispel a long­held myth: Photographers assume they can use any music  they want as long as they don't charge admission. Not true!  This mistaken belief may have begun  with the notion that a big record company doesn't have the time or energy to prosecute an  individual showing slides to the camera club. However, music companies are becoming zealous in  defending their rights.  Part of the problem is a lack of  awareness on the part of photographers--a  problem I hope to address here. 

Let's examine a true-to­life example: 

The local camera club hears of my recent trip to Costa Rica and invites me to share my slides.  Naturally, I want to entertain them as well as teach them a little about photography and ecology. I  put together a two-projector dissolve show. What are my options for adding music to this  program? 

First, I could commission original music. Although an original score would be dynamic, I'd also  need to take out a second (and third?) mortgage to pay for it. 

Next, I might decide to search my large collection of cds for appropriate selections.  I'm probably  going to need three or four pieces to fill a fifteen minute program. I remember a perfect selection  on a Fresh Aire disk by Mannheim Steamroller.   I contact the record company ( in this case,  American Gramaphone).  A friendly employee patiently explains the process.  I need a "master  use" license from the record label, plus a license from the publisher, plus a license for public  performance. (No wonder ignorance is bliss!) 

I ask, "What kind of money we are discussing here?"   She explains that the fee depends on many  factors. Television use is the most expensive; radio use costs less. For my slide show, the  master-use fee might be as low as a few hundred dollars.   But, she hastens to add, I still need to  pay the publisher.  Publishers usually charge the same fee as quoted by the record label. Add this  charge to the performance fee, and my little slide show is growing expensive--and all for just ONE  song! (Note: churches and schools can usually use music without paying license fees.) 

The subject of sheet music comes up, and I think I see my loophole. American Gramaphone  publishes a variety of sheet music, including solo piano. My sister is an accomplished pianist. So, I  just make a 1500 mile trip, record her playing my favorite pieces, and synchronize the music with  the slides. Wrong­o!  As you might have guessed,  the process isn't that simple. The only part I've  circumvented is the master use license. I still need to obtain publishing and performance rights. 

This brings me to the resource of music libraries, which provide an affordable means of obtaining  licensed music. Initially, these libraries were called "needle­drop" since you paid a fee every time  the phonograph needle was dropped on a particular selection. Most major music libraries are  needle­drop, and the amount and variety of selections available is astounding.   Sadly, I bid adieu  to the lovely Fresh Aire piece and begin searching one of these libraries. I find a nice cut with a  fee as low as $50. Not bad!  However, this license is for only one use, and I have to report each  time I present my slide show. For a small producer like myself, the obstacles are, again, daunting. 

A solution to my dilemma evolved in the late 1970's. Within the music library business, a whole  new sub­industry was born--the "no­needle-drop" or buy­out  library. The theory is simple: pay  for the music ONCE and use it forever, whenever, and as much as you like! Buy-out music can  cost as little as $30 per disk in quantity, although I usually pay $50 to $75 per disk. For that very  reasonable sum, I get sixty minutes or more of royalty­free music. Since the term "forever" doesn't  carry much legal value, the license for a buyout disk normally extends ninety-nine years. (That  works for me!) You may use the music in video, film, slide shows, cassette programs, multi­media,  TV, radio and satellite broadcast. It's also legal to charge your client extra for the use of your  library music. If your production is broadcast, the library does ask that you notify them. If so, the  composer receives a share of the fee, but this does NOT cost you anything!  As for restrictions,  buy­out music is much like computer software. You can't lend, share or distribute the music. The  license is granted to one individual, business or site. I specifically asked if a camera club could buy  the disks and let members use them, and I was told NO. 

How can buy­out be so reasonable in cost? With the computer revolution, sound production  technology has made giant strides, while the price has tumbled. Quality studio equipment is within  the reach of even the small producer.  And the music is getting better every day. In the early days,  many musicians used a synthesizer leading to a certain sameness from many small studios. The  trend now is definitely toward a more lush, complex sound--much of it acoustic. Even orchestral  works are being produced.   

I encourage photographers, amateur and professional, to explore the buy-out method of adding  music to still or video shows. 

To get started, call several of the companies listed on my reference sheet and request their demo  and catalog. Listen carefully to each demo. Evaluate the number of different themes in each library;  looking for a variety of styles. Note the cost per cut.  A typical disk has eight to twelve selections,  each cut ranging from two to five minutes long. Often, these cuts are accompanied by sixty, thirty,  and fifteen second versions. Obviously, the longer cuts are intended for radio and TV commercials,  but I find them useful as introductions, exits or transitions. 

Look for music which augments your style of photography. While the choice is subjective, for my  nature and landscape programs, I prefer a combination of new age, light jazz and classical pieces.  I want the music to complement my slides, not compete. The process is much like matting and  framing a photograph. You want to enhance the photograph without calling attention to the frame.  I usually avoid music with lyrics. 

When producing a program with several cuts, vary the music style. Don't put several slow cuts in a  row or you'll lose the audience. Start with an up­tempo cut. Sandwich slow cuts between more  lively styles. It's also a good idea to vary the screen time for each slide--five or six seconds is  probably optimal, but try both longer and shorter times. Don't drag the dissolve times out too long.  A one-second dissolve is usually more effective than a three or four second one. 

Buy­out music has been very exciting for me. I can now produce slide shows with good music, at  a fair price, and without violating any copyright laws.  Besides record companies taking an  increasingly dim view of unauthorized use, the three public performance companies are monitoring  music use. ASCAP, BMI and SESAC all exist to represent the rights of the music creators. They  are not "music police," and they take no joy in fining a violator. But they will all prosecute where  appropriate. 

Last year I attended a photo conference. One of the speakers gave a program on putting together  more effective slide shows. He had several good ideas and thoroughly discussed the value of  music. But he never once mentioned copyright issues. Thinking he knew something I didn't, I  waited until after the program and asked him how he dealt with the difficulties of copyrights. His  face instantly clouded; he glanced around, lowered his voice, and assured me that since he never charged money for his programs, he was well within the law!  Ironically, in spite of his own lack of  responsibility, I suspect he would scream the loudest if anyone stole his images. 

If we as photographers are to preserve, protect, and--indeed--demand respect for our  photography rights, it's mandatory that we respect the rights of others. Only then does everyone  win. 

Special thanks to the following for their help in preparing this article: Jack Waldenmaier,   Music Bakery;  American Gramaphone;  BMI (Broadcast Music, Inc.)  

See Steve's web site at http://www.synvis.com

Buy-Out Music Reference   Compiled by Steve Traudt 

Music Bakery 7522 Campbell Road, Suite 113­2, Dallas,TX 75248   (800­229­0313)

Cost is $48 per cd. Releases several new disks annually. Has about 20 cds now. Call for  catalog. Free audition privilege. (I have 6 of their disks and find them well done and  diverse.)   

Fresh Music Library  80 South Main St,   Hanover,  NH 03755  ( 800­545­0688)

Has 25 cd library. Cost is $45 for one; $99 for 3 disks; $195 for 6 disks. Ask for demo cd  called Quick Shot Directory.  Fifteen day trials. Some of the disks which should be good  for slide shows: New Age Pop; Textures; Cool Grooves; Orchestral  Maneuvers; and Desert  Schooner. 

River City Productions  Box 750786, Memphis, TN 38175  ( 800­755­8729)

Disks are $59 each--plus $5 shipping. Has 11 disks now; plans to release several more. They  have a Nature volume as well as a Weddings one. Call for demo cd. 

 

Canary Productions   Box 202, Bryn Mawr, PA 19010  ( 800­368­0033) 

Over 15 buy­out disks. Prices are $99 or less, depending on quantity requested. Call for  demo cd.

Dimension Music & Sound Effects   Box 992, Newnan, GA 30264  ( 800­634­0091) 

Buy­out music & sound effects library. $100 each or buy a ten cd set for $400. Ask for  demo. Has a two cd set called, New Age Christmas. 

 

Energetic Music, INC   Box 84583, Seattle, WA 98124   (800­323­2972) 

Various buy­out disks. $59.95 each. Titles include: Travel & Leisure; Wedding & Quiet  Times; Sports & Action. Call for catalog and demo.  

 

Gene Michaels Productions   1105 N. Front St, Suite 29,   Niles,MI 49120  ( 800­955­0619) 

Has over 25 cds. $75 each; any 3 for $195. You can audition the library free for 30 days  without risk. Very high quality; large variety. Has several   closeout cassettes for $25 each. (I have four of their volumes.) 

 

E.L.S. Productions   882 Walden Meadows Drive, Murray, UT 84123  ( 800­927­3472) 

Large variety. Can buy a cd demo for $5 which includes some tracks you get to keep and  use. Have a $99 package special of 3 cds, featuring 40 long themes. 15 day money-back  guarantee on the package. (I have 5 of their disks and they're very good.)

 

QCCS Productions 1350 Chambers St, Eugene, OR 97402   (503­345­0212) 

22 Cds, $49.95 per cd. Entire web catalog now featuring a meg3 demos of every song in the library online for review at:    http://www.pbtm.com 

The following companies were also reviewed but they were higher in cost and seemed geared  more toward larger users: 

Creative Support Services:  (800­468­6874)  Soper Sound:  (800­227­9980)  Production Garden Music: (800­247­5317)  Omnimusic: (800­828­6664) 

Other companies not reviewed but , perhaps, worth a phone call:  

Davenport Productions: (800­951­6666)  DeWolfe Music Library: (800­221­6713)  Promusic Inc: (305­776­2070)  Signature Music Library: (800­888­7151) 

(Note: The companies above are not listed in any particular order.  All phone numbers, addresses  and prices are accurate to the best of my knowledge at the time of going online.  However, this is a dynamic industry with frequent change.  Always call for current information.)