North Carolina General Statutes Chapter 75C. Motion Picture Fair Competition Act § 75C-2. Definitions

When used in this Chapter, and for the purposes of this Chapter:

(1) The term “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.

(2) The term “blind bidding” means the bidding for, negotiating for, or offering or agreeing to terms for the licensing or exhibition of, a motion picture if such first run motion picture has not been trade screened within the State before any such event has occurred.

(3) The term “distributor” means any person engaged in the business of distributing or supplying motion pictures to exhibitors by rental or licensing.

(4) The term “exhibit” or “exhibition” means showing a motion picture to the public for a charge.

(5) The term “exhibitor” means any person engaged in the business of operating one or more theatres.

(6) The term “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 first run motion picture.

(7) The term “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.

(8) The term “person” includes one or more individuals, partnerships, associations, societies, trusts, or corporations.

(9) The term “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 subsequent exhibitions after the second run.

(10) The term “theatre” means any establishment in which motion pictures are exhibited to the public regularly for a charge.

(11) The term “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.

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