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?
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.
- Previous article:What is a monochrome camera? Thank you~
- Next article:Who played Vivian in The First Half of My Life?
- Related articles
- The name of Jolin Tsai's debut
- What is the use of nef file of Nikon camera?
- A good place to take wedding photos?
- Where can I find wedding photography in Dalian? Dalian popular wedding photography recommendation.
- In the era of big data, how can we protect our privacy?
- What is the greening rate of Yantai Vanke Yidu?
- What are the differences between the award criteria of various international film festivals?
- What does the Tokyo Tower [movie] say?
- How far can I shoot with 5 x optical zoom? How exactly is it converted?
- Please introduce at least three specialties of Linyi to the visitors.