Popular 'companion photography' trend sparks legal concerns
Forget expensive studios and elaborate setups. A novel trend sweeping social media platforms offers budget-conscious millennials a unique service: companion photography.
This combines companionship during outings with professional-looking photos, all at a fraction of the usual cost, as little as 20 yuan. While the concept has garnered significant online buzz, concern is mounting regarding potential risks and the lack of established consumer protection measures.
This "combo" approach has garnered significant online attention, with discussions exceeding 210 million views.
The number of views of the tag "companion photography" shows there is a huge demand for such services.
Netizens share experiences of obtaining "lifetime photos" at popular landmarks like the Bund for minimal cost. University students and photography enthusiasts often offer these services, leveraging their skills and equipment.
Posts with descriptions such as "lifetime photos" using such services on lifestyle platform Red.
Prices typically range from 20-80 yuan per hour, with optional add-ons like makeup and photo editing.
Companion photographers' posts on their service detail.
While both parties acknowledge potential risks, issues such as an unsatisfactory service, difficulty asserting rights, and portrait right infringements are becoming increasingly prevalent.
Lifestyle platform user Xiaoyan shared her experience. She paid a companion photographer to take her photos, however, the photos delivered didn't meet her expectations. They were not as good as her selfies. The efforts she had put into her make-up and outfit were wasted, she said.
Little Cat encountered a companion photography scam involving mutual aid, where services are provided free of charge in exchange for mutual practice. A netizen claiming to be a novice photographer invited her for mutual practice in a dimly lit private cinema. After persistent questioning, the individual admitted to being male and offered to pay her for modeling. Little Cat found this inappropriate.
Posts of unpleasant experience of such services are abundant.
A post-2000s companion photographer, Xiao Gu, experienced clients not showing up for appointments. After one such incident, he began asking for a 10-yuan deposit in advance.
Ms Yang, a professional photographer based in Beijing, noted instances where unsatisfied clients exposed photographers on platforms for public judgment. Due to the informal nature of these services, photographers have no legal recourse in such situations.
Many photographers interviewed said details such as shooting locations and fees are agreed upon via WeChat or phone calls, without written contracts or defined penalties for breaches. It was also noted that many consumers of companion photography services are minors, yet photographers often do not consider their age or seek consent from their guardians. Although companion photography may resemble friends taking photos together, disputes can make it difficult for both parties to protect their rights.
How to assert rights in companion photography pitfalls?
Currently, most agreements between companion photographers and consumers are verbal, making it challenging to assert rights in case of disputes. A lawyer from the 12348 public legal service hotline advised preserving evidence such as social media and WeChat conversations, which can prove the existence of an agreement.
Having legally valid evidence allows consumers to file complaints with relevant authorities for refunds if they are dissatisfied with the services or encounter disputes with photographers.
For cases where photographers post client photos on social media without consent, the lawyer said that this violates consumer portrait rights. Consumers have the right to demand the removal of their photos, and can sue if the photographer refuses.
