North Carolina General Statutes 75C-3. Blind bidding prohibited
Terms Used In North Carolina General Statutes 75C-3
- bid: means a written or oral offer or proposal by an exhibitor to a distributor, in response to an invitation to bid for the right to exhibit a motion picture, stating the terms under which the exhibitor will agree to exhibit a motion picture. See North Carolina General Statutes 75C-2
- distributor: means any person engaged in the business of distributing or supplying motion pictures to exhibitors by rental or licensing. See North Carolina General Statutes 75C-2
- exhibition: means showing a motion picture to the public for a charge. See North Carolina General Statutes 75C-2
- exhibitor: means any person engaged in the business of operating one or more theatres. See North Carolina General Statutes 75C-2
- 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 North Carolina General Statutes 75C-2
- run: means the continuous exhibition of a motion picture in a defined geographic area for a specified period of time. See North Carolina General Statutes 75C-2
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
- trade screening: means the showing of a motion picture by a distributor within the State which is open to any exhibitor interested in exhibiting the motion picture. See North Carolina General Statutes 75C-2
(a) Blind bidding for a first run motion picture is hereby prohibited within the State. No bids shall be returnable, no negotiations for the exhibition or licensing of a first run motion picture shall take place, and no license agreement or any of its terms shall be agreed to for the first run exhibition of any motion picture within the State before the motion picture has been trade screened within the State.
(b) A distributor shall include in each invitation to bid for the first run exhibition of any motion picture within the State the date, time and place of the trade screening of the motion picture within the State.
(c) A distributor shall provide reasonable and uniform notice to exhibitors within the State of all trade screenings within the State of motion pictures he is distributing. Such notice may be provided by mail or by publication in a trade magazine or other publication having general circulation among exhibitors within the State.
(d) No exhibitor may bid, negotiate, or offer terms for the licensing or exhibition of a motion picture that has been trade screened in accordance with the provisions of N.C. Gen. Stat. § 75C-3 herein, unless said exhibitor or his agent has attended the trade screening.
The provisions of this subdivision (d) are subject to waiver by the distributor of a motion picture upon notice of such waiver to an exhibitor prior to the trade screening.
(e) Any purported waiver of the requirements of subdivisions (a) through (c) of this section shall be void and unenforceable. (1979, c. 463, s. 1.)