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365.755 Blind bidding prohibited -- Restrictions on distributor's conditions for
license agreement.
(1)
(2)
(3)
(4)
No distributor shall engage in blind bidding.
No distributor shall condition the granting or execution of a license agreement on a
guarantee of a minimum payment to the distributor, if the exhibitor is required by
the license agreement to make any payment to the distributor that is based on the
attendance or the box office receipts at a theater at which the motion picture is
exhibited.
No distributor shall condition the granting or execution of a license agreement on
the exhibitor's advancing, more than fourteen (14) days prior to his first exhibition
of a motion picture, any money that is to be used as security for the exhibitor's
performance of the license agreement or is to be applied to any payments that the
exhibitor is required by the agreement to make to the distributor.
Any provision of a license agreement that waives any of the prohibitions of, or fails
to comply with, this section or KRS 365.760 is void and unenforceable. Any
license agreement that fails to comply with this section or KRS 365.760 is voidable
by the exhibitor, if the exhibitor gives the distributor written notice, prior to the
exhibitor's first exhibition of the motion picture that is the subject of the agreement,
of his intent to have the agreement voided.
Effective: July 15, 1980
History: Created 1980 Ky. Acts ch. 63, sec. 2, effective July 15, 1980.
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