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294 <^ <^> <^> The Motion Picture Industry
in their opinion it was a very fair contract", it might fairly have been expected that the distributors would draft their individual contracts so as to embody "therein the essential clauses and spirit of the 5-5-5 contract". 38
Selling plans as proposed for the 1932-1933 season provided that the contractual relations between the distributor and the exhibitor would follow a different procedure from that used in past seasons. It was planned that when a distributor was ready to sell to an exhibitor, he would mail to the prospective account a copy of the Standard License Agreement providing for a uniformity of operations in selling and playing pictures. At the same time, the distributing company would send the exhibitor a copy of its own individual contract form. Before deals might be opened, the exhibitor would acknowledge the receipt of both contracts and would indicate to the distributor whether he wished to buy on the basis of the Standard License Agreement or on the basis of the individual contract. The contract form chosen would then be deposited wTith the Film Board of Trade in the exhibitor's territory. If the exhibitor chose the standard contract, negotiations would be made, it was planned, by means of a short contract form which, in addition to verifying the agreement obtained by the signing of the Standard License Agreement, was to contain provisions for sales policies, terms, etc. The distributor would be permitted to insert special clauses when such clauses did not conflict with provisions of the longer contract form.
As time went on it became increasingly apparent that the 5-5-5 contract wTas not going to prove acceptable. During the early summer of 1932, largely at the instigation of Sidney R. Kent of the Fox Film Corporation, negotiations were instituted looking toward the drafting of a new contract. It was proposed that the contract be adopted for a definite period of three years. The so-called Kent Plan consists of twenty-one clauses and four optional clauses. It pro
38 Idem.