SENATE, No. 1995

By Mr. Antonioni, a petition (accompanied by bill, Senate, No. 1995) of Robert A. Antonioni, Carrie Broderick and Kevin Broderick for legislation relative to the distribution of motion pictures. Tourism, Arts and Cultural Development.
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The Commonwealth of Massachusetts

Seal of the Commonwealth of Massachusetts

In the Year Two Thousand and Seven.

AN ACT relative to the distribution of motion pictures

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 1 of chapter 93F of the General Laws, as appearing in the 2004 Official Edition,

is hereby amended by inserting, after line 11, the following definition:-

“Clearance”, the withholding of a first run from any exhibitor within a defined or non-defined geographic area.

SECTION 2. Said section 1 of said chapter 93F, as so appearing, is hereby further amended by inserting, after line 24, the following definition:-

“Non-defined geographic area”, any market area as used in the motion picture industry not included within a defined geographic area.

SECTION 3. Said chapter 93F, as so appearing, is hereby amended by adding the following section:-

Section 5.

(a) No distributor shall exclude any exhibitor within the same defined or non-defined geographic area as any other exhibitor from the opportunity to exhibit a motion picture for a first run.  Clearance is hereby prohibited within the commonwealth.

(b) Any motion picture distributor who violates any provision in this section shall be punished by a fine of not more than ten thousand dollars per violation.

(c) Any purported waiver of the requirements of this section shall be void and unenforceable.