The Cold Turnkey

Many photographers use music to enhance their photography. But since music is a work protected by copyright law, make sure that you honor the copyright of the composer, too.

Most photographers recognize that copying music from a friend or downloading from a music sharing website is illegal. But even if you purchased the CD or song outright, you may be infringing on the copyrights if you use the music for more than personal purposes.

When you buy music, you are not purchasing the copyright. Instead, you are getting a license to use the music in specific ways. It’s the same as licensing your photo to a company for a specific use. If the company uses your image beyond the established permissions, your copyright is infringed. If you give your bride copies of the photos from her wedding with permission to use them for personal use, she would violate your copyright if she even donated them to “Bride’s Magazine.”

In general, when you buy a CD or a song, the permitted use is for personal purposes only. If you play the music at a party at your house, you probably are still using the music within the particular boundaries. But if you play the music in your commercial studio or used it to accompany your slideshow presentation for a client, you more than likely have gone beyond the rights granted to you when you purchased the CD. Check the small print on the CD to be sure.

So what are your options if you want some music for your photography? You can write your own music or you can get permission from the composer. A couple of websites make it easier to obtain those rights: www.musicbakery.com or www.freeplaymusic.com. You also can use software such as Apple’s new Soundtrack Pro or Garage Band to create your own music. These programs are easy to use, even if you don’t have much musical skill.

Just as photographers don’t want their copyrights infringed, composers don’t either. Respect the composer’s work. Get the necessary permission when using music to support your photography.

Take my advice; get professional help.
PhotoAttorney

Copyright 2005 Carolyn E. Wright All Rights Reserved

— ABOUT THE AUTHOR —

Carolyn E. Wright, Esq., has a unique legal practice aimed squarely at the needs of photographers. A pro photographer herself, Carolyn has the credentials and the experience to protect photographers. She’s represented clients in multimillion dollar litigations, but also has the desire to help new photographers just starting their careers. Carolyn graduated from Emory University School of Law with a Juris Doctor, and from Tennessee Tech Univ. with a Masters of Business Administration degree and a Bachelor of Science degree in music.

She wrote the book on photography law. “88 Secrets to the Law for Photographers,” by Carolyn and well-known professional photographer, Scott Bourne, is scheduled for fall 2005 release by Olympic Mountain School Press. Carolyn also is a columnist for PhotoFocus Magazine.

Carolyn specializes in wildlife photography and her legal website is http://www.photoattorney.com

Paralegals support lawyers by organizing the massive amounts of paperwork law offices generate, running the office smoothly, helping to draft documents and interviewing witnesses. Paralegals may work for lawyers, corporations, or government agencies. In general, a college degree is sufficient education to become a paralegal, although courses do exist to train and certify paralegals. The National Federation of Paralegal Associations estimates that 84 percent of paralegals have some form of form paralegal education.

Several specific types of paralegal jobs are available. Litigation paralegals help prepare documents for trials. Corporate paralegals prepare paperwork for business dealings. Probate paralegals interview clients and prepare tax and financial documents. Real estate paralegals prepare closings and research land laws. Government paralegals work for the White House, the Justice Department, or the Federal Trade Commission and may organize evidence, answer questions for the public, or conduct hearings. Employment paralegals do work similar to a litigation paralegal, but work specifically with unions or discrimination cases.

The average starting salary of a paralegal is about $21,500 while working normal hours. Most law firms, however, require that paralegals work more hours than the typical nine to five, Monday through Friday work week. The extra overtime could bump a beginning paralegal’s salary up to almost $60,000 a year. An experienced paralegal can expect to make around $40,000 a year, about the national average, with life and health insurance benefits.

The National Federation of Paralegal Associations estimates that 84 percent of paralegals have had some formal paralegal education. A paralegal’s specialization determines what fields he could work in, for example medical law or labor movement organizations. According to a 2001 survey, about 25 percent of paralegals have an associate’s degree, about 50 percent of all paralegals have a bachelor’s degree, and eight percent have either a master’s degree or a J.D. degree. Certificate or degree programs are available for paralegals who wish to have more training. At a minimum, the National Federation of Paralegal Associations recommends that aspiring paralegals have a two-year degree with an emphasis on paralegal studies. A bachelor’s degree, however, is recommended.

A paralegal’s resume should list education, experience, awards and highlight writing abilities, professional and personal skills. Sample paralegals resumes are readily available on the Internet. Be sure to attach a cover letter, as you would when applying for any other job, stating your interest and describing the skills that make you a perfect candidate for the job. Sample cover letters are also posted on the Internet.

A simple way to find a law firm is to go to the local library and skim through Martindale Hubbell, an index of every lawyer in the country organized by city and law firm. Online sites also allow registered users to browse hiring law firms.

Paralegals Info provides detailed information about paralegal jobs, schools, training, courses, certificates, and services. Paralegals Info is the sister site of Notary Public Web.