The law of motion pictures (1918)

256 THE LAW OF MOTION PICTURES Section 81. — Franchise and booking agreements. Many plays are booked through so-called “booking circuits.” The circuit company makes agreements with the owners of theatres, whereby it agrees to furnish them with companies 'of players together with the plays customarily produced at such theatres, and the theatre proprietors agree to pay to the performing companies a specified compensation, which is usually a percentage of the gross receipts. The theatres are known as the circuit. The circuit company thereupon enters into agreements with managers of performing companies, the agreements being known as “franchises,” in which it agrees to secure bookings for the managers’ productions. The circuit company is the agent of the theatre owner for whom it arranges bookings.78 This becomes important on the question of suit. Where the owner of the theatre has breached the terms of the contract and has refused issued restraining defendants from permitting ball games to be conducted in such manner as to annoy and injure plaintiff, either because of the driving or dropping of balls upon the premises or by permitting the collection of idle or disorderly persons in the streets. The rule of law is that Courts of Equity will restrain an existing or threatened nuisance at the suit of the people by their attorney general, or of a private individual who sustains special and peculiar injury therefrom distinct from that suffered by him in common with the public. 78 Interstate Amusement Co. v. Albert (1913), 161 S. W. (Tenn.) 488. Plaintiff operated a booking agency in Chicago. Defendant operated a theatre in Tennessee. Plaintiff booked certain acts for defendant for which the latter became indebted to it in a sum of money. Held that plaintiff was the agent of the defendant to book these acts for which it was to receive $10 a week and 5% of the amounts paid to the troupes.