Kinematograph Year Book 1947 (1947)

540 The Kinemalograph Year Book. PART II. RESTRICTIONS ON BLIND BOOKING AND ADVANCE BOOKING OF FILMS. (17) .—Restriction on blind booking. (i) No renter shall, in the period beginning at the commencement of this Act and ending with the thirtieth day of September nineteen hundred and forty-eight, procure the giving by an exhibitor (whether for a consideration or not, and whether orally or in writing) of any such undertaking as would, if it were legally binding on the exhibitor, impose on him an obligation, either actual or contingent, to take delivery of a film to which this Act applies, for public exhibition at a theatre in Great Britain, being a film which had not been trade-shown at the time of his giving the undertaking: Provided that this subsection shall not operate so as to restrict — (a) in relation to any serial film or series of films, the making, at a time when at least three parts of the film or series have been trade-shown, of an agreement for the public exhibition of any part thereof. (b) the making, in relation to any one film, of an agreement for the exhibition of that film at one theatre only and on a number of consecutive days, or (c) the making, in relation to any one film, of agreements for the exhibition of that film on not more than three days and at not more than three theatres. (2) Where, in relation to any one film, there have been made, at a time when that film has not been trade-shown, several agreements the purport of which taken together is to provide for the public exhibition of that film in Great Britain either at more than one theatre or otherwise than on consecutive days, the benefit of paragraph (b) of the proviso to the preceding subsection shall not extend to any of those agreements ; and where, in relation to any one film, there have been made, at a time when that film has not been trade-shown, several agreements the purport of which taken together is to provide for the public exhibition of the film in Great Britain either on more than three days or at more than three theatres, the benefit of paragraph (c) of the said proviso shall not extend to any of those agreements. In relation to any film being a part of a serial film or series of films, the preceding provisions of this subsection shall have effect as if, in those provisions, for the words "when that film has not been trade-shown," in each place where those words occur, there were substituted the words " before three parts of that serial film or series of films have been trade-shown." (18). — Restriction on advance booking. No renter shall, in the period beginning at the commencement of this Act and ending with the thirty-first day of March nineteen hundred and forty-eight, procure the giving by an exhibitor (whether for a consideration or not, and whether orally or in writing) of any such undertaking as would, if it were legally binding on the exhibitor, impose on him an obligation, either actual or contingent, to take delivery of a film to which this Act applies for public exhibition at a theatre in Great Britain at a date later than six months after the date on which he gives the undertaking : Provided that, in relation to any serial film or series of films, this section shall not operate so as to restrict the making of an agreement in so far as it provides for any part of the film or series being exhibited after three parts thereof have been exhibited to the public at a theatre in Great Britain. (19). — Penalties. If any renter contravenes any of the provisions of this Part of this Act, he shall be liable on summary conviction to a fine not exceeding two hundred and fifty pounds. (20). — Invalidation of agreements involving blind booking or advance booking. (1) Any agreement made after the commencement of this Act (whether in Great Britain or elsewhere) shall be invalid, if and so far as — (a) in the case of an agreement made before the end of September nineteen hundred and forty-eight, it purports to impose on any exhibitor an obligation, either actual or contingent, to take delivery of a film to which this Act applies for public exhibition at a theatre in Great Britain, being a film which has not been tradeshown at the timeof the making of the agreement, or (b) in the case of an agreement made before the end of March nineteen hundred and forty eight, it purports to impose on any exhibitor an obligation, either actual or contingent, to take delivery of a film to which this Act applies for public exhibition at a theatre in Great Britain at a date later than six months after the date on which the agreement is made : Provided that the preceding provisions of this subsection shall not apply in relation to any agreement the making of which is unrestricted by virtue of the proviso to subsection (1) of section seventeen of this Act or the proviso to section eighteen of this Act, as the case may be.