South Carolina Code 39-5-520. Blind bidding prohibited; notice of trade screenings required
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(a) Blind bidding is prohibited in this State. No bids shall be returnable; no negotiations for the exhibition or licensing of a motion picture shall take place and no license agreement or any of its terms shall be agreed to for the exhibition of any motion picture in this State before the motion picture has been trade screened in the State or in the Film Exchange Center in the State of North Carolina.
(b) A distributor shall include in each invitation to bid for a motion picture for exhibition in the State, if the motion picture has not already been trade screened, the date, time and place of trade screening of the motion picture.
Terms Used In South Carolina Code 39-5-520
- Blind bidding: means the bidding for, negotiating for or offering or agreeing to terms for the licensing or exhibition of a motion picture if the motion picture has not been trade screened within the State or in the Film Exchange Center in the State of North Carolina before any such event has occurred. See South Carolina Code 39-5-510
- Distributor: means any person engaged in the business of distributing or supplying motion pictures to exhibitors by rental or licensing. See South Carolina Code 39-5-510
- exhibition: means showing a motion picture to the public for a charge. See South Carolina Code 39-5-510
- Invitation to bid: means a written or oral solicitation or invitation by a distributor to one or more exhibitors to bid or negotiate for the right to exhibit a motion picture. See South Carolina Code 39-5-510
- License agreement: means any contract, agreement, understanding or condition between a distributor and an exhibitor relating to the licensing or exhibition of a motion picture by the exhibitor. See South Carolina Code 39-5-510
- Trade screening: means the showing of a motion picture by a distributor at a location within the State or in the Film Exchange Center in the State of North Carolina which is open to any exhibitor interested in exhibiting the motion picture. See South Carolina Code 39-5-510
(c) A distributor shall provide reasonable and uniform notice to exhibitors in the State of all trade screenings of motion pictures he is distributing for exhibition within this State. The notice may be by mail or by publication having general circulation among exhibitors in the State.