West Virginia Code 47-11D-3 – Blind bidding prohibited; invitation to bid; provisions of article waived as to certain exhibitors
(a) Blind bidding is hereby prohibited within the state. No bids may be returnable, no negotiations for the exhibition or licensing of a motion picture may take place, and no license agreement or any of its terms may be agreed to, for the exhibition of any motion picture within the state before that motion picture has been trade screened either within the state or, alternatively, at the local exchange serving the geographic area within the state for which bids have been invited.
Terms Used In West Virginia Code 47-11D-3
- 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'. See West Virginia Code 47-11D-2
- 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
- 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
- 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 West Virginia Code 47-11D-2
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
- Theatre: means any establishment in which motion pictures are exhibited to the public regularly for a charge. See West Virginia Code 47-11D-2
- Trade screening: means the showing of a motion picture by a distributor, which showing is open to any of this state'. See West Virginia Code 47-11D-2
(b) A distributor shall include in each invitation to bid for a motion picture for exhibition within the state, if such motion picture has not already been trade screened within the state, the date, time and place of the trade screening of the motion picture either within the state or alternatively, at the local exchange serving the geographic area within this state for which bids have been requested.
(c) A distributor shall provide reasonable and uniform notice to all exhibitors in each competitive market within the state of all trade screenings for that competitive market of motion pictures he is distributing.
(d) The provisions of this article are waived with respect to West Virginia exhibitors whose theatres are located within twenty miles of a state line of a state where a provision for prior trade screening before bidding has not been adopted, so long as theatres exist within the other state within twenty miles of the state line between that state and West Virginia and no further than twenty miles from at least one West Virginia exhibitor's theatre in the same competitive market. Any other purported waiver of the requirements of this article shall be void and unenforceable.