IC 24-1-5
Chapter 5. Motion Picture Fair Competition
IC 24-1-5-1 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 are
exhibited to the public regularly for a charge.
"Distributor" means a person engaged in the business of
distributing or supplying motion pictures to exhibitors by rental, sale
or licensing.
"Exhibitor" means a person engaged in the business of operating
one (1) or more theaters.
"Exhibit" or "exhibition" means showing a motion picture to the
public for a charge.
"Invitation to bid" or "invite bids" means a written or oral
solicitation by a distributor to one (1) or more exhibitors to bid for
the right to exhibit a motion picture.
"Bid" means a written offer or proposal by an exhibitor to a
distributor in response to an invitation to bid for the right to exhibit
a motion picture.
"Trade screening" means the showing of a motion picture by a
distributor at some location within the state which is open to any
exhibitor from whom the distributor intends to invite bids or with
whom the distributor intends to negotiate for the right to exhibit the
motion picture.
"Blind selling" means the bidding or negotiating for, or the
offering or agreeing to terms for, the licensing or exhibition of a
motion picture before the motion picture has either been trade
screened within the state or before such motion picture has been
made available for viewing within the state by all exhibitors from
whom the distributor is inviting bids or with whom the distributor is
negotiating for the right to exhibit the motion picture.
"Run" means the continuous exhibition of a motion picture in a
defined geographic area for a specified period of time. A "first run"
is the first exhibition of a picture in the designated area; a "second
run" is the second exhibition; and "subsequent runs" are subsequent
exhibitions after a second run.
"Exclusive run" means a run limited to a single theater in a
defined geographic area. As added by Acts 1980, P.L.161, SEC.1. Amended by P.L.8-1993,
SEC.337.
IC 24-1-5-2 Blind selling prohibited
Sec. 2. Blind selling is unlawful in this state and an agreement
which attempts to waive this prohibition is void.
As added by Acts 1980, P.L.161, SEC.1.
IC 24-1-5-3 Notice of trade screening to exhibitors
Sec. 3. A distributor must provide reasonable and uniform notice
of a trade screening of a motion picture to those exhibitors within the
state from whom he intends to invite bids or with whom he intends
to negotiate for the right to exhibit that motion picture. As added by Acts 1980, P.L.161, SEC.1.
IC 24-1-5-4 Invitation to bids; requisites
Sec. 4. If bids are invited from exhibitors for the licensing of a
motion 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 office
serving the territory where, the bids will be opened. As added by Acts 1980, P.L.161, SEC.1.
IC 24-1-5-5 Submitting and opening bids
Sec. 5. All bids must be submitted in writing and shall be opened
at the designated time in the presence of those exhibitors, or their
agents, who are present for the bid opening. The opened bids are
subject to examination by the exhibitors or their agents. As added by Acts 1980, P.L.161, SEC.1.
IC 24-1-5-6 Notice to bidders
Sec. 6. Within ten (10) business days of the bid opening, the
distributor shall give notice of the name of the winning bidder or the
fact that none of the bids were accepted to each exhibitor submitting
a bid. As added by Acts 1980, P.L.161, SEC.1.
IC 24-1-5-7 Violations; civil remedies; attorney's fees
Sec. 7. In a successful civil action against a person for violating
this chapter, the court shall award the plaintiff damages and
reasonable attorney fees. The provisions of this chapter may be
enforced by injunction or other equitable remedy. As added by Acts 1980, P.L.161, SEC.1.
IC 24-1-5
Chapter 5. Motion Picture Fair Competition
IC 24-1-5-1 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 are
exhibited to the public regularly for a charge.
"Distributor" means a person engaged in the business of
distributing or supplying motion pictures to exhibitors by rental, sale
or licensing.
"Exhibitor" means a person engaged in the business of operating
one (1) or more theaters.
"Exhibit" or "exhibition" means showing a motion picture to the
public for a charge.
"Invitation to bid" or "invite bids" means a written or oral
solicitation by a distributor to one (1) or more exhibitors to bid for
the right to exhibit a motion picture.
"Bid" means a written offer or proposal by an exhibitor to a
distributor in response to an invitation to bid for the right to exhibit
a motion picture.
"Trade screening" means the showing of a motion picture by a
distributor at some location within the state which is open to any
exhibitor from whom the distributor intends to invite bids or with
whom the distributor intends to negotiate for the right to exhibit the
motion picture.
"Blind selling" means the bidding or negotiating for, or the
offering or agreeing to terms for, the licensing or exhibition of a
motion picture before the motion picture has either been trade
screened within the state or before such motion picture has been
made available for viewing within the state by all exhibitors from
whom the distributor is inviting bids or with whom the distributor is
negotiating for the right to exhibit the motion picture.
"Run" means the continuous exhibition of a motion picture in a
defined geographic area for a specified period of time. A "first run"
is the first exhibition of a picture in the designated area; a "second
run" is the second exhibition; and "subsequent runs" are subsequent
exhibitions after a second run.
"Exclusive run" means a run limited to a single theater in a
defined geographic area. As added by Acts 1980, P.L.161, SEC.1. Amended by P.L.8-1993,
SEC.337.
IC 24-1-5-2 Blind selling prohibited
Sec. 2. Blind selling is unlawful in this state and an agreement
which attempts to waive this prohibition is void.
As added by Acts 1980, P.L.161, SEC.1.
IC 24-1-5-3 Notice of trade screening to exhibitors
Sec. 3. A distributor must provide reasonable and uniform notice
of a trade screening of a motion picture to those exhibitors within the
state from whom he intends to invite bids or with whom he intends
to negotiate for the right to exhibit that motion picture. As added by Acts 1980, P.L.161, SEC.1.
IC 24-1-5-4 Invitation to bids; requisites
Sec. 4. If bids are invited from exhibitors for the licensing of a
motion 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 office
serving the territory where, the bids will be opened. As added by Acts 1980, P.L.161, SEC.1.
IC 24-1-5-5 Submitting and opening bids
Sec. 5. All bids must be submitted in writing and shall be opened
at the designated time in the presence of those exhibitors, or their
agents, who are present for the bid opening. The opened bids are
subject to examination by the exhibitors or their agents. As added by Acts 1980, P.L.161, SEC.1.
IC 24-1-5-6 Notice to bidders
Sec. 6. Within ten (10) business days of the bid opening, the
distributor shall give notice of the name of the winning bidder or the
fact that none of the bids were accepted to each exhibitor submitting
a bid. As added by Acts 1980, P.L.161, SEC.1.
IC 24-1-5-7 Violations; civil remedies; attorney's fees
Sec. 7. In a successful civil action against a person for violating
this chapter, the court shall award the plaintiff damages and
reasonable attorney fees. The provisions of this chapter may be
enforced by injunction or other equitable remedy. As added by Acts 1980, P.L.161, SEC.1.
IC 24-1-5
Chapter 5. Motion Picture Fair Competition
IC 24-1-5-1 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 are
exhibited to the public regularly for a charge.
"Distributor" means a person engaged in the business of
distributing or supplying motion pictures to exhibitors by rental, sale
or licensing.
"Exhibitor" means a person engaged in the business of operating
one (1) or more theaters.
"Exhibit" or "exhibition" means showing a motion picture to the
public for a charge.
"Invitation to bid" or "invite bids" means a written or oral
solicitation by a distributor to one (1) or more exhibitors to bid for
the right to exhibit a motion picture.
"Bid" means a written offer or proposal by an exhibitor to a
distributor in response to an invitation to bid for the right to exhibit
a motion picture.
"Trade screening" means the showing of a motion picture by a
distributor at some location within the state which is open to any
exhibitor from whom the distributor intends to invite bids or with
whom the distributor intends to negotiate for the right to exhibit the
motion picture.
"Blind selling" means the bidding or negotiating for, or the
offering or agreeing to terms for, the licensing or exhibition of a
motion picture before the motion picture has either been trade
screened within the state or before such motion picture has been
made available for viewing within the state by all exhibitors from
whom the distributor is inviting bids or with whom the distributor is
negotiating for the right to exhibit the motion picture.
"Run" means the continuous exhibition of a motion picture in a
defined geographic area for a specified period of time. A "first run"
is the first exhibition of a picture in the designated area; a "second
run" is the second exhibition; and "subsequent runs" are subsequent
exhibitions after a second run.
"Exclusive run" means a run limited to a single theater in a
defined geographic area. As added by Acts 1980, P.L.161, SEC.1. Amended by P.L.8-1993,
SEC.337.
IC 24-1-5-2 Blind selling prohibited
Sec. 2. Blind selling is unlawful in this state and an agreement
which attempts to waive this prohibition is void.
As added by Acts 1980, P.L.161, SEC.1.
IC 24-1-5-3 Notice of trade screening to exhibitors
Sec. 3. A distributor must provide reasonable and uniform notice
of a trade screening of a motion picture to those exhibitors within the
state from whom he intends to invite bids or with whom he intends
to negotiate for the right to exhibit that motion picture. As added by Acts 1980, P.L.161, SEC.1.
IC 24-1-5-4 Invitation to bids; requisites
Sec. 4. If bids are invited from exhibitors for the licensing of a
motion 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 office
serving the territory where, the bids will be opened. As added by Acts 1980, P.L.161, SEC.1.
IC 24-1-5-5 Submitting and opening bids
Sec. 5. All bids must be submitted in writing and shall be opened
at the designated time in the presence of those exhibitors, or their
agents, who are present for the bid opening. The opened bids are
subject to examination by the exhibitors or their agents. As added by Acts 1980, P.L.161, SEC.1.
IC 24-1-5-6 Notice to bidders
Sec. 6. Within ten (10) business days of the bid opening, the
distributor shall give notice of the name of the winning bidder or the
fact that none of the bids were accepted to each exhibitor submitting
a bid. As added by Acts 1980, P.L.161, SEC.1.
IC 24-1-5-7 Violations; civil remedies; attorney's fees
Sec. 7. In a successful civil action against a person for violating
this chapter, the court shall award the plaintiff damages and
reasonable attorney fees. The provisions of this chapter may be
enforced by injunction or other equitable remedy. As added by Acts 1980, P.L.161, SEC.1.
