134.23 Motion picture fair practices.

(1) Definitions. As used in this section:

(a) “Blind bidding" means offering, bidding for, negotiating for or agreeing to any term for the licensing or exhibition of a motion picture in this state prior to a trade screening of the motion picture.

(b) “Distributor" means a person who rents, sells, licenses or otherwise distributes to an exhibitor a motion picture for exhibition in this state.

(c) “License agreement" means a contract, agreement, understanding or condition between a distributor and an exhibitor relating to the exhibition of a motion picture in this state.

(d) “Trade screening" means the showing of a motion picture by a distributor in one of the 3 largest cities in this state.

(2) Blind bidding prohibited. A person may not engage in blind bidding.

(3) Trade screening.

(a) Every trade screening shall be open to any exhibitor.

(b) A distributor shall provide reasonable and uniform notice to all exhibitors of all trade screenings.

(4) Guarantees prohibited. A license agreement created or renewed after May 18, 1984, which provides for a fee or other payment to a distributor based in whole or in part on the attendance at a theater or the box office receipts of a theater may not contain or be conditioned upon a guarantee of a minimum payment by an exhibitor to the distributor.

(5) Injunctive relief and damages. A person aggrieved by a violation of this section may bring a civil action to enjoin further or continuing violations or to recover actual damages sustained as a result of a violation, together with costs of the action. In an action under this subsection, the court shall award reasonable attorney fees, notwithstanding s. 814.04 (1), to a party who obtains injunctive relief or an award of damages.

History: 1983 a. 454.