Please explain from a legal point of view whether the photo studio industry must return all negative films to consumers.

1, the nature of the contract signed between the consumer and the photo studio belongs to the contract. According to the relevant provisions of China's contract law, the contractor's confidentiality obligation is embodied in the following laws:

Article 266 provides that the contractor shall keep secrets according to the requirements of the ordering party, and shall not keep copies or technical data without the permission of the ordering party.

2. Article 11 of the Copyright Law stipulates that copyright belongs to the author, except as otherwise provided in this Law. The citizen who creates a work is the author.

Article 17 stipulates that 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.

3. According to the relevant provisions of China's national standards and industry standards for marriage celebration service, after the celebration service, the photography company must return all the original price to the customers.

Whether it's wedding photos, art photos, baby photos or family photos, they all reflect the commemorative significance and value. In this sense, art photos, baby photos and family photos have the same value as wedding photos. According to the principle that limited analogy is not prohibited in private law, the above four items can be applied to the relevant provisions of marriage celebration service by analogy.

Accordingly, there is no doubt that the studio will return the negative of the photo.

Extended data?

China's "Wedding Celebration Service" clearly stipulates that the quality of wedding audio-visual products such as CDs produced by wedding companies should be guaranteed, delivered to customers on time, and all original materials should be handed over during the recording process.

According to the standards, wedding service agencies must have the qualification license for marriage celebration services; Publicize the service items, service personnel and charging standards in the business premises; Wedding planning should be undertaken by professional wedding planners; The wedding should use equipment and facilities that meet the quality requirements, and the full-time staff should carefully check the equipment and facilities used before the wedding to ensure the normal use. ?

The standard also defines wedding audio-visual products (including photos, videos and CDs) for the first time. ) made by the wedding company, to ensure the quality, in the specified time to customers. At the same time, all original materials (including negatives, videos, digital materials, etc.). ) should be paid to the customer during the recording process.

People's Republic of China (PRC) Central People's Government-People's Republic of China (PRC) Contract Law

Baidu Encyclopedia-People's Republic of China (PRC) Copyright Law (Law)

Baidu encyclopedia-wedding celebration service