Photographer yuka

According to relevant laws and regulations, consumers' consumption in the photo studio is a contractual relationship, with consumers as the ordering party and the photo studio as the contractor.

According to the relevant provisions of the Contract Law, in this incident, under normal circumstances, the task of the studio is to take photos according to the requirements of consumers and deliver the agreed photos to customers, and the negatives, as one of the work results, should also be delivered to consumers.

The general premise is that the photos commissioned by consumers do not constitute "works". If it constitutes a work, it is necessary to clarify the copyright ownership between the studio and the consumer. If the copyright belongs to the consumer, then the negative, as an integral part of the copyright, should be delivered to the consumer.

According to Article 2 of the Regulations for the Implementation of the Copyright Law, "Works referred to in the Copyright Law refer to intellectual creations that are original in the fields of literature, art and science and can be reproduced in some tangible form". As a work protected by copyright law, originality (called originality in the industry) is its prerequisite.

If a work is not original, then it cannot be protected in the sense of copyright law. Although China's relevant laws and regulations, signed and acceded treaties and conventions have no clear provisions and explanations on originality, it is not difficult to see that if the photo studio accepts the entrustment of consumers and completes the work tasks according to the requirements of consumers, it can still be distinguished.

Extended data

In addition, it is illegal for some studios to charge extra for negatives.

Article 22 of the Measures of Zhejiang Province for Implementing the Law on the Protection of Consumer Rights and Interests in People's Republic of China (PRC) stipulates that operators engaged in photography and printing shall ensure the quality of photography and printing. If the photos taken and developed do not meet the quality requirements, the fees shall be refunded or re-taken or reproduced free of charge according to the requirements of consumers.

After providing services in accordance with the agreement, the operators of the photography industry shall deliver all photos and negatives (including the data of digital cameras) to consumers, and shall not keep them or collect fees.

Who should the negative film taken by China Taizhou Net-Studio belong to?

Wenzhou Municipal Market Supervision Administration-Does the photography shop charge extra for providing negatives? There is no charge for negatives.