Quote: 330825-048-020000-2013-0045 Disclosure: voluntary disclosure.

Time limit for publicity: long-term publicity

Responsible department: County Administration for Industry and Commerce Date of establishment: 20 13 10 16.

Name: Who owns the negative after taking photos?

DocumentNo.: Consumer Warning (20 13) No.3 Responsible Department of Longyou Consumer Rights Protection Committee:

Content summary:

Who owns the negative after taking pictures?

Recently, the branch directly under Longyou Consumer Protection Committee accepted a complaint from consumers about the ownership of negative films after photography. In this case, the consumer went to a photo studio to take 80 photos and chose to develop 47. When consumers asked for the remaining 33 negatives, the operator replied that our store is a branch of a photo studio in Shanghai, and the management mode is the same as that of the head office, requiring consumers to buy at the price of each 5 yuan. The two sides are deadlocked.

The first paragraph of Article 22 of Zhejiang Province's Measures for Implementing the Law on the Protection of Consumers' Rights and Interests in People's Republic of China (PRC) clearly stipulates: "After providing services according to the agreement, operators in the photography industry shall deliver all photos and negatives (including digital materials of digital photography) to consumers, and shall not keep them or collect fees by themselves." Obviously, this clause not only clarifies the ownership of photos and negatives, but also clarifies the business behavior of operators, including four meanings. 1. This clause applies to the photography service industry within the scope of Zhejiang Province; Second, both parties must agree in advance; Third, operators are not allowed to keep it privately; Fourth, operators are not allowed to charge separately.

In recent years, complaints about the ownership of photos and photographic negatives have occurred from time to time, especially wedding photography, children's photography and artistic photography. Due to the lack of attention to details, geographical differences and other factors, consumers will "be disappointed on a whim." 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:

The first is to understand the qualifications of the business. Pay attention to whether the photo shop license is complete and the photographer's qualification certificate is complete. Choose a business with good reputation and standardized operation, and don't be easily influenced by the advertising gimmicks of the business;

The second is to agree on business services in advance. It is best for consumers to sign written service contracts with operators. If they are unwilling to sign the contract, they can indicate the main items on the invoice issued by the photography shop.

The third is to learn more about the content of merchant services. Understand the service promises and specific service contents of the merchants, and exercise nine rights such as the right to know, the right to choose independently and the right to be respected according to the Law of People's Republic of China (PRC) on the Protection of Consumer Rights and Interests. In addition, when signing a contract, you should pay the deposit carefully. According to the contract law, the deposit can't exceed 20% of the total price at most.

Fourth, be good at safeguarding your own rights and interests. After selecting the photos that need to be developed, the operator is required to return or delete the photos that have not been developed, and keep the relevant evidence properly. In the event of a consumer dispute, if the communication with the merchants fails, you can report the rights protection to the Consumer Protection Committee, the Industrial and Commercial Bureau 123 15 Complaint Reporting Center and relevant functional departments in time.

The early warning is jointly issued by the directly affiliated branches.

20 13 years 10 month 16 days

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