When choosing wedding photos, do customers have the right to take away the negatives?

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Index: 330825-048-020000-2013-0045 Disclosure form: Active disclosure

Disclosure time limit: Long-term disclosure

Responsible department: County Industrial and Commercial Bureau Date of creation: October 16, 2013

Name: After taking the negative, who owns the ownership

Document number: Longyou County Consumer Consumer Rights Protection Committee Consumer Alert (2013) No. 3 Responsible Department:

Content Overview:

Who owns the ownership of the negatives after taking them

Recently, Longyou The branch directly under the County Consumer Protection Committee accepted a complaint about the ownership of the negatives after a consumer took a photo. In this case, the consumer went to a photo studio to take 80 photos and selected 47 for processing. When the consumer asked for the remaining 33 negatives, The operator replied that this store is a branch of a photography store in Shanghai, and its business and management model is the same as that of the main store. Consumers are required to buy the photos at a price of 5 yuan each, and the two parties are still arguing about this.

Article 22, Paragraph 1 of the "Measures of Zhejiang Province for the Implementation of the "Consumer Rights Protection Law of the People's Republic of China" clearly stipulates: "After providing services as agreed, photography industry operators shall All photos and negatives (including digital data of digital photography) are delivered to consumers, and they are not allowed to keep them themselves, and no fees are charged for them. "Obviously, this clause not only clarifies the ownership of the photos and negatives, but also clarifies the business behavior of the operator, including There are four meanings: first, this clause applies to the photography service industry within Zhejiang Province; second, both parties must agree in advance; third, the operator shall not retain it privately; fourth, the operator shall not charge additional fees.

Complaints about the ownership of photography and photographic films have occurred from time to time in recent years, especially wedding photography, children's photography, art portraits, etc. Due to factors such as lack of attention to details and regional differences, consumers will "take advantage of the pleasure". Come and return disappointed." In order to effectively protect the legitimate rights and interests of consumers, the County Consumer Protection Committee issued a warning to remind consumers to pay attention to the following points when accepting photography services:

First, understand the qualifications of the merchant. Pay attention to whether the photography shop has all the licenses and licenses, as well as the photographer's qualification certificate. Choose a business with a good reputation and standardized operations, and do not be easily swayed by the business's advertising gimmicks;

The second is to agree on business service matters in advance. It is best for consumers to sign a written service contract with the operator. If they are not willing to sign a contract, they can indicate the main matters on the invoice issued by the photography store;

The third is to learn more about the business's service content. Understand the merchant's service commitment and specific service content, and exercise nine rights including the right to know, the right to make independent choices, and the right to be respected in accordance with the "Consumer Rights Protection Law of the People's Republic of China". In addition, you must be careful to pay a deposit when signing a contract. According to the legal provisions of the "Contract Law", the deposit cannot exceed 20% of the total price at most.

The fourth is to be good at safeguarding one's own rights and interests. After selecting the photos to be developed, the operator is required to return or delete the undeveloped photo negatives and keep the relevant evidence and certificates properly. Once a consumer dispute occurs and communication and negotiation with the merchant fail, you can promptly report to the Consumer Protection Committee, the 12315 Complaint and Reporting Center of the Industrial and Commercial Bureau, and relevant functional departments for rights protection.

This warning was jointly issued by the directly affiliated branches

October 16, 2013

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