Traditional Culture Encyclopedia - Photography major - Complaint about not issuing negatives when taking photos +023 15

Complaint about not issuing negatives when taking photos +023 15

Legal analysis: it is illegal for guests to take pictures in the studio and not to give negative films. Whether it is a wedding photo or the original negative, the studio should deliver it to consumers unconditionally.

It is against the principle of honesty, trustworthiness, fairness and justice that the studio does not take negative films, which belongs to the "overlord clause". Even if the consumer signs the agreement, it cannot change its essence. In this case, consumers can call the hotline 123 15 to make a complaint. For negatives, if the studio can't save or destroy the customer's portrait without the customer's consent, it should give it to the customer, and no additional negative fee should be charged. Copyright ownership of photo negatives. Portrait photography, like other photographic works, is "an artistic work that records the images of objective objects on photosensitive materials with the help of instruments" and should be a copyrighted work. The photo studio takes photos for customers, in fact, it is entrusted by customers to create photographic works.

Legal basis: Article 26 of the Law on the Protection of Consumers' Rights and Interests stipulates that when using standard clauses in business activities, operators should draw consumers' attention to quantity and quality, price or cost, time limit and method of performance, safety precautions and risk warning, after-sales service, civil liability and other matters related to consumers' major interests in a conspicuous way, and explain them according to consumers' requirements.

Operators shall not make unfair and unreasonable provisions to consumers, such as excluding or restricting consumers' rights, reducing or exempting operators' responsibilities, and aggravating consumers' responsibilities, by means of format clauses, notices, statements, shop notices, etc. , and shall not use format terms and use technical means to force transactions.

Format terms, notices, statements, shop notices, etc. If it contains the contents listed in the preceding paragraph, its contents are invalid.