Traditional Culture Encyclopedia - Photography and portraiture - Is it legal for a photo studio not to take negatives?

Is it legal for a photo studio not to take negatives?

First, is it legal for a photo studio not to take pictures of negatives?

1. It is illegal for a guest to take photos in a photo studio without giving negative films. Whether it is a wedding photo or the original negative, the studio should deliver it to consumers unconditionally. Shooting negative-free photos in the studio violates the principles of honesty, trustworthiness, fairness and justice, and belongs to the "overlord clause", which cannot be changed even if consumers sign and agree.

2. 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 in the form 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.

Article 577 of the Civil Code of People's Republic of China (PRC)

If one party fails to perform the contractual obligations or fails to meet the contractual obligations, it shall be liable for breach of contract, such as continuing to perform, taking remedial measures or compensating for losses.

Second, how to protect your right to portrait

If the right to portrait is infringed, citizens have the right to demand that the infringer stop the infringement, eliminate the influence, apologize and compensate for the losses. If the infringer ignores it, the citizen can bring a lawsuit to the court and ask the court to force the infringer to stop the infringement, eliminate the influence, restore his reputation, apologize and compensate for the losses. Portrait owners have the right to claim compensation for mental losses for acts that infringe on portrait rights for non-profit purposes; For the act of infringing on the right of portrait for profit, the right holder of portrait has the right to demand compensation from the infringer for both mental damage and economic damage.