Copyright vs. Personal Use

In this digital age, copyright has turned into a hot button topic, especially among photographers (and their clients).  Since I've had this conversation several times in the past few weeks, I thought it would be a good subject to discuss here.  I'll do my best to keep it as simple as possible.  And I highly encourage conversation on the topic (as long as it's friendly).

Really, what the debate boils down to is legal ownership of artwork.  Who should own the art?  The person who created it or the subject?  There's the great debate.  The quick answer in all of this?  Copyright is about ownership.  One person owns and the other does not.  Personal use is about one person owning the work but allowing another person access to it.

I'll be right upfront with you and tell you that I'm in the Personal Use camp.  For me, personal use is all about sharing.  And we all learned way back in kindergarten that sharing is a good thing.  Right?  I'm using my tools, knowledge, talent  and experience to create something for you---of you.   Personal use means you can then use the artwork to bring personal satisfaction for yourself but I still get to say this is my work.  I can still put the images on my website, blog or facebook page.  You can print pictures, post them online or just create a slideshow on your computer.  Personal use means the artist is  loaning you the artwork....  there might be some rules attached such as giving credit to the artist in a public place (like posting pictures on facebook and saying "dk took these".  But the bottom line on personal use is that both parties can get what they want.

Now copyright...  Legally, whoever owns the copyright, owns the work.  Period.   If an artist gives us their copyright, it is no longer theirs.  They do not own it.  They are not legally allowed to post it on their website, their blog or facebook page without express written consent from the copyright owner.  Copyright  is not meant to be shared between artist and subject.  Legally, it's a one or the other scenario.  In today's world, though, many people (photographers and clients alike) use copyright and personal use rights interchangeably which in my opinion, causes a lot of confusion.  In some cases, the photographer doesn't really understand the difference.  In others, they understand the difference but use the word copyright as a marketing tool and completely ignore its legal meaning.

Hmmm....  Get rich quick scheme....  Get pictures taken.  Get full copyright from the photographer then sue them when they post the pictures.  LOL...  I'm joking but that's probably the only way a lot of photographers would start using the term in a legal arena instead of a marketing one.

So...  now you know the difference.

What are your thoughts on the matter?  Do you want full copyright or are you happy with personal use rights?  Did you know the difference?  Photographers, which term do you use and why?  Can't wait to see the debate.  No meanness will be tolerated.