CHAPTER 5. MOTION PICTURE FAIR COMPETITION
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Chapter 5. Motion Picture Fair Competition
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Definitions
Sec. 1. As used in this chapter:
"Person" includes one (1) or more individuals, partnerships,limited liability companies, associations, societies, trusts,organizations, or corporations.
"Theater" means an establishment in which motion pictures areexhibited to the public regularly for a charge.
"Distributor" means a person engaged in the business ofdistributing or supplying motion pictures to exhibitors by rental, saleor licensing.
"Exhibitor" means a person engaged in the business of operatingone (1) or more theaters.
"Exhibit" or "exhibition" means showing a motion picture to thepublic for a charge.
"Invitation to bid" or "invite bids" means a written or oralsolicitation by a distributor to one (1) or more exhibitors to bid forthe right to exhibit a motion picture.
"Bid" means a written offer or proposal by an exhibitor to adistributor in response to an invitation to bid for the right to exhibita motion picture.
"Trade screening" means the showing of a motion picture by adistributor at some location within the state which is open to anyexhibitor from whom the distributor intends to invite bids or withwhom the distributor intends to negotiate for the right to exhibit themotion picture.
"Blind selling" means the bidding or negotiating for, or theoffering or agreeing to terms for, the licensing or exhibition of amotion picture before the motion picture has either been tradescreened within the state or before such motion picture has beenmade available for viewing within the state by all exhibitors fromwhom the distributor is inviting bids or with whom the distributor isnegotiating for the right to exhibit the motion picture.
"Run" means the continuous exhibition of a motion picture in adefined geographic area for a specified period of time. A "first run"is the first exhibition of a picture in the designated area; a "secondrun" is the second exhibition; and "subsequent runs" are subsequentexhibitions after a second run.
"Exclusive run" means a run limited to a single theater in adefined geographic area.
As added by Acts 1980, P.L.161, SEC.1. Amended by P.L.8-1993,SEC.337.
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Blind selling prohibited
Sec. 2. Blind selling is unlawful in this state and an agreementwhich attempts to waive this prohibition is void.As added by Acts 1980, P.L.161, SEC.1.
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Notice of trade screening to exhibitors
Sec. 3. A distributor must provide reasonable and uniform noticeof a trade screening of a motion picture to those exhibitors within thestate from whom he intends to invite bids or with whom he intendsto negotiate for the right to exhibit that motion picture.
As added by Acts 1980, P.L.161, SEC.1.
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Invitation to bids; requisites
Sec. 4. If bids are invited from exhibitors for the licensing of amotion picture, the invitation to bid shall specify:
(1) whether the run for which the bid is invited is a first,second, or subsequent run;
(2) whether the run is an exclusive or nonexclusive run;
(3) the geographic area for the run;
(4) the date and hour the invitation to bid expires; and
(5) the time and date when, and the location of the officeserving the territory where, the bids will be opened.
As added by Acts 1980, P.L.161, SEC.1.
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Submitting and opening bids
Sec. 5. All bids must be submitted in writing and shall be openedat the designated time in the presence of those exhibitors, or theiragents, who are present for the bid opening. The opened bids aresubject to examination by the exhibitors or their agents.
As added by Acts 1980, P.L.161, SEC.1.
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Notice to bidders
Sec. 6. Within ten (10) business days of the bid opening, thedistributor shall give notice of the name of the winning bidder or thefact that none of the bids were accepted to each exhibitor submittinga bid.
As added by Acts 1980, P.L.161, SEC.1.
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Violations; civil remedies; attorney's fees
Sec. 7. In a successful civil action against a person for violatingthis chapter, the court shall award the plaintiff damages andreasonable attorney fees. The provisions of this chapter may beenforced by injunction or other equitable remedy.
As added by Acts 1980, P.L.161, SEC.1.