Traditional Culture Encyclopedia - Photography major - Is it legal for the studio not to give negatives?
Is it legal for the studio not to give negatives?
Legal analysis: it is illegal for guests to take photos in the studio and not 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 of People's Republic of China (PRC) on the Protection of Consumer Rights and Interests. Operators shall not make unfair and unreasonable provisions to consumers by means of format contracts, notices, statements, store notices, etc. , or reduce or exempt its civil liability for harming the legitimate rights and interests of consumers. Format contracts, notices, reports, store notices, etc. If it contains the contents listed in the preceding paragraph, its contents are invalid.
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