General Laws of Massachusetts - Chapter 93F Regulation of Certain Business Practices Between Motion Picture Distributors and Exhibitors - Section 1 Definitions

Section 1. The following words, as used in this chapter, unless the context otherwise requires or a different meaning is specifically prescribed, shall have the following meaning:—

“Bid”, a written offer or proposal by an exhibitor to a distributor, in response to an “invitation to bid”, stating the terms under which the exhibitor will agree to exhibit a motion picture.

“Blind bidding”, the solicitation of bidding for, solicitation of negotiation for, or solicitations of offers for or agreeing to terms for the licensing or exhibition of, a motion picture if the motion picture has not been trade screened within the commonwealth before any such event has occurred.

“Defined geographic area”, a relevant market area as used in the motion picture industry.

“Distributor”, any person engaged in the business of distributing or supplying motion pictures to exhibitors by rental, sale or licensing.

“Exhibit” or “exhibition”, showing a motion picture to the public for a charge.

“Exhibitor”, any person engaged in the business of operating one or more theatres.

“Invitation to bid”, a written solicitation or invitation by a distributor to one or more exhibitors to bid for the right to exhibit a motion picture.

“License agreement”, any contract agreement, understanding or condition between a distributor and an exhibitor relating to the licensing of exhibition of a motion picture by the exhibitor.

“Person”, one or more individuals, partnerships, associates, societies, trust, or corporations.

“Run”, 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 the second run. “Exclusive run” is any run limited to a single theatre in a defined geographic area and a “non-exclusive run” is any run in more than one theatre in a defined geographic area.

“Theatre”, any establishment in which motion pictures are exhibited to the public regularly for a charge.

“Trade screening”, the showing of a motion picture by a distributor at some location within Metropolitan Boston which is open to any exhibitor interested in exhibiting the motion picture.

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Last modified: September 11, 2015