Motion Picture Fair Competition

NMSA 1978 ch. 57, art. 5A

in effect

NMSA 1978, § 57-5A-1 Short title

57-5A-1. Short title This act [57-5A-1 to 57-5A-5 NMSA 1978] may be cited as the "Motion Picture Fair Competition Act". Laws 1979, ch. 189, § 1.

NMSA 1978, § 57-5A-2 Purposes

57-5A-2. Purposes The purpose of the Motion Picture Fair Competition Act is to establish fair and open procedures for the bidding and negotiation of motion pictures within New Mexico in order to prevent unfair and deceptive acts or practices and unreasonable restraints of trade in the business of motion picture distribution within the state, to promote fair and effective competition in that business and to benefit the movie-going public by holding down admission prices to motion picture theaters, thereby expanding the choice of motion pictures available to the public and preventing exposure of the public to objectionable or unsuitable pictures by ensuring that exhibitors have the opportunity to view a picture before committing themselves to exhibiting it. Laws 1979, ch. 189, § 2.

NMSA 1978, § 57-5A-3 Definitions

57-5A-3. Definitions As used in the Motion Picture Fair Competition Act: A. "theater" means any establishment in which motion pictures are regularly exhibited to the public for a charge; B. "distributor" means any person engaged in the business of distributing or supplying motion pictures to exhibitors by rental, sale or licensing; C. "exhibitor" means any person engaged in the business of operating one or more theaters; D. "exhibit" or "exhibition" means showing a motion picture to the public for a charge; E. "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; F. "bid" means a written or oral offer or proposal by an exhibitor to a distributor, in response to an invitation to bid or otherwise, stating the terms under which the exhibitor will agree to exhibit a motion picture; G. "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; H. "trade screening" means the showing of a motion picture by a distributor in the exchange center serving New Mexico which is open to any exhibitor interested in exhibiting the motion picture; I. "blind bidding" means the bidding for, negotiating for or offering or agreeing to terms for the licensing or exhibition of a motion picture, if the motion picture has not been trade screened in the exchange center before any such event has occurred; and J. "run" means the continuous exhibition of a motion picture in a defined geographical area for a specified period of time. A "first run" is the first exhibition of a motion picture in the designated area, a "second run" is the second exhibition and "subsequent runs" are subsequent exhibitions after the second run. Laws 1979, ch. 189, § 3; 1980, ch. 49, § 1.

NMSA 1978, § 57-5A-4 Blind bidding

57-5A-4. Blind bidding A. Blind bidding shall not be required of exhibitions in New Mexico. No bids shall be returnable, no negotiations for the exhibition or licensing of a motion picture shall take place and no license agreement or any of its terms shall be agreed to for the exhibition of any motion picture within the state before the motion picture has been offered for trade screening in the exchange center. B. A distributor shall include in each invitation to bid for a motion picture for exhibition within New Mexico, if such motion picture has not already been trade screened in the exchange center, the date, time and place of the proposed trade screening of the motion picture in the exchange center. C. A distributor shall provide reasonable and uniform notice to exhibitors within New Mexico of motion pictures he is distributing. D. If, within fifteen days of the date of transmission of the invitation to bid, no exhibitor has notified the distributor that it will attend the proposed trade screening, then no trade screening shall be required prior to the acceptance of bids. E. Any purported waiver of the requirements of this section shall be void and unenforceable. Laws 1979, ch. 189, § 4; 1980, ch. 49, § 2.

NMSA 1978, § 57-5A-5 Bidding procedures

57-5A-5. Bidding procedures If bids are solicited from exhibitors for the licensing of a motion picture within New Mexico, then: A. the invitation to bid shall specify: (1) the number and length of runs for which the bid is being solicited, whether it is a first, second or subsequent run and the geographic area for each run; (2) the names of all exhibitors or their designated agents who are being solicited; (3) the date and hour the invitation to bid expires; and (4) the location, including the address, where the bids will be opened, which shall be in the exchange center; B. all bids shall be submitted in writing and shall be opened at the same time and in the presence of exhibitors, or their agents, who submitted bids and are present at such time; C. after being opened, bids shall be subject to examination by exhibitors, or their agents, who submitted bids. Within ten business days after a bid is accepted, the distributor shall notify in writing each exhibitor who submitted a bid of the name of the winning bidder; and D. once bids are solicited, the distributor shall have the option to license the motion picture by competitive negotiation if he does not accept any of the submitted bids. Laws 1979, ch. 189, § 5; 1980, ch. 49, § 3.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18560/index.doFetched: 10/20/2026