Is it illegal for the studio not to give negatives?

If the photo studio clearly informs the customer that the film is not owned by the customer before providing the service, and the customer agrees, then it is not illegal for the photo studio not to give the film. However, if the studio does not inform or the customer does not agree, it may be illegal for the studio not to give the film.

First, the importance of the agreement between the two sides

There is usually a service contract or verbal agreement between consumers and photo studios, which clarifies the rights and obligations of both parties. Among them, whether the negative is owned by the customer is one of the important contents. If the two parties agree in advance that the film belongs to the studio, it is in line with the agreement that the studio does not give film. However, if there is no clear agreement or the agreement is not clear, you need to refer to relevant laws and regulations.

Second, laws and regulations on the protection of consumers' rights and interests

According to the Law of People's Republic of China (PRC) on the Protection of Consumers' Rights and Interests, consumers have the right not to be harmed in the process of purchasing and using commodities and receiving services. At the same time, consumers have the right to know the real situation of the goods they buy and use or the services they receive. If the photo studio fails to inform the customer that the negative film is not owned by the customer, resulting in damage to the customer's rights and interests, then the behavior of the photo studio may constitute an offence.

Three. Relevant provisions of copyright law

In addition, we need to consider the relevant provisions of the Copyright Law of People's Republic of China (PRC). As a photographic work, the copyright of the negative belongs to the photographer or studio. However, when consumers buy photography services, they usually get the right to use them within a certain range. If the studio refuses to provide negatives, it may infringe on the legitimate rights and interests of consumers.

Fourth, the way to solve disputes.

When consumers and photo studios have disputes over negatives, they can solve them through negotiation, complaint and litigation. Consumers can make reasonable demands to the photo studio, or complain to the consumer association or relevant departments for help and support. If negotiation fails, consumers can also choose to bring a lawsuit to the court to safeguard their legitimate rights and interests.

To sum up:

Whether it is illegal for a photo studio not to give negatives depends on the prior agreement of both parties and the provisions of relevant laws and regulations. If the two parties have not clearly agreed on the ownership of the film, and the studio has not informed the customer about the situation, then it may be illegal for the studio not to give the film. Consumers should understand the relevant rights and regulations when purchasing photography services to ensure that their legitimate rights and interests are protected. When disputes arise, we should actively seek solutions and safeguard our own rights and interests.

Legal basis:

Law of the People's Republic of China on Protection of Consumer Rights and Interests

Article 8 provides that:

Consumers have the right to know the real situation of the goods they buy or use or the services they receive.

Article 10 stipulates:

Consumers have the right to fair trade. When purchasing goods or receiving services, consumers have the right to obtain fair trading conditions such as quality assurance, reasonable price and correct measurement, and have the right to refuse the compulsory trading behavior of operators.

Copyright law of the people's Republic of China

Article 18 stipulates:

A work created by a natural person after completing the task of a legal person or an unincorporated organization belongs to a job work. Except as stipulated in the second paragraph of this article, the copyright belongs to the author, but the legal person or unincorporated organization has the right to give priority to the use within its business scope. Within two years after the completion of the work, the author shall not permit a third person to use the work in the same way as the work used by the unit without the consent of the unit.