Traditional Culture Encyclopedia - Photography and portraiture - Is it illegal for photography agencies not to distribute negatives?

Is it illegal for photography agencies not to distribute negatives?

Legal analysis: it is illegal for guests to take pictures in the studio and not to 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.

Legal basis: Article 19 of the Copyright Law of People's Republic of China (PRC), the ownership of commissioned works's copyright shall be agreed by the client and the trustee through the contract. If the contract is not clearly stipulated or concluded, the copyright belongs to the trustee.

Article 26 of the Law of People's Republic of China (PRC) on the Protection of Consumers' Rights and Interests, when using standard clauses in business activities, business operators shall draw consumers' attention to quantity and quality, price or expense, time limit and method of performance, safety precautions, risk warning, after-sales service, civil liability and other matters related to consumers' major interests in a conspicuous way, and explain them according to consumers' requirements. Operators shall not make unfair and unreasonable provisions to consumers, such as excluding or restricting consumers' rights, reducing or exempting operators' responsibilities, and aggravating consumers' responsibilities, by means of format clauses, notices, statements, shop notices, etc. , and shall not use format terms and use technical means to force transactions. Format terms, notices, statements, shop notices, etc. If it contains the contents listed in the preceding paragraph, its contents are invalid.