Traditional Culture Encyclopedia - Photography major - Is it illegal for a studio to take photos without negatives?

Is it illegal for a studio to take photos without negatives?

Legal analysis

After providing services in accordance with the agreement, the operators of the photography industry shall hand over all photos and negatives, including the data of digital cameras, to consumers without additional charges. In fact, consumers and photo studios constitute a kind of consumption behavior. Since consumers pay for taking pictures, they should get all the negatives. Even if the agreement signed by both parties stipulates that it is necessary to pay to redeem the negative film, this clause is invalid. At the same time, according to the relevant regulations, if consumers have been informed that they need to buy movies before shooting, and the price is very clear, then this should be an agreement between both parties, and both parties should perform according to the agreement. However, if the merchants attract consumers at a low price before shooting, and then tell them to charge for the film after shooting, it is an act of dishonesty. It is recommended to report to the market supervision administration or the consumer association.

legal ground

Article 585 of the General Principles of the Civil Law of People's Republic of China (PRC) * * * The parties may agree that if one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party, or they may agree on the calculation method of damages for breach of contract. If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase the liquidated damages at the request of the parties; If the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties. If the parties concerned pay liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.