Is it reasonable to take a photo without a negative?

Legal analysis: it is a "overlord clause" for a photo studio not to shoot negatives, and even if a contract is signed, it cannot change the essence.

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. Photographic negatives belong to copyright. 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. Photography studio takes photos for customers, in fact, it is entrusted by customers to create photographic works. Article 17 of China's Copyright Law stipulates that the copyright of commissioned works belongs to the trustee. According to custom, there is generally no agreement on copyright ownership between photo studios and customers in China, so the author of photos taken by photo studios naturally belongs to the trustee, that is, the consumer.

Therefore, from a legal point of view, it is illegal for a studio to take photos without negatives, because strictly speaking, the negatives taken are owned by the guests. In real life, if the merchant refuses to give the negative film and also refuses to pay compensation, he can call 12345 to complain or seek the help of a lawyer.

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.