West Virginia Code 47-11D-2 – Definitions
When used in this article, unless the context indicates otherwise:
Terms Used In West Virginia Code 47-11D-2
- Bid: means a written or oral offer or proposal by an exhibitor to a distributor, in response to an invitation to bid or otherwise, stating the terms under which the exhibitor will agree to exhibit a motion picture. See West Virginia Code 47-11D-2
- Contract: A legal written agreement that becomes binding when signed.
- Distributor: means any person engaged in the business of distributing or supplying motion pictures to exhibitors by rental, sale or licensing. See West Virginia Code 47-11D-2
- exhibition: means showing a motion picture to the public for a charge. See West Virginia Code 47-11D-2
- Exhibitor: means any person engaged in the business of operating one or more theatres. See West Virginia Code 47-11D-2
- 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 West Virginia Code 47-11D-2
- Person: includes one or more individuals, partnerships, associations, societies, trusts or corporations. See West Virginia Code 47-11D-2
- Run: means the continuous exhibition of a motion picture in a defined geographic area for a specified period of time. See West Virginia Code 47-11D-2
(1) "Person" includes one or more individuals, partnerships, associations, societies, trusts or corporations.
(2) "Theatre" means any establishment in which motion pictures are exhibited to the public regularly for a charge.
(3) "Distributor" means any person engaged in the business of distributing or supplying motion pictures to exhibitors by rental, sale or licensing.
(4) "Exhibitor" means any person engaged in the business of operating one or more theatres.
(5) "Exhibit" or "exhibition" means showing a motion picture to the public for a charge.
(6) "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.
(7) "Bid" means a written or oral offer or proposal by an exhibitor to a distributor, in response to an invitation to bid or otherwise, stating the terms under which the exhibitor will agree to exhibit a motion picture.
(8) "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.
(9) "Trade screening" means the showing of a motion picture by a distributor, which showing is open to any of this state's exhibitors who are interested in exhibiting the motion picture.
(10) "Blind bidding" means the bidding for, negotiating for, or offering or agreeing to terms for the licensing or exhibition of a motion picture before that motion picture has been trade screened for this state's exhibitors.
(11) "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 all exhibitions after the second run.