Guidelines
4 Overriding Principle
5 Supply of Prints
6 Flexibility of Trading Terms
7 Supply of Trailers & Advertising
8 Supply of Information
9 Terms of Trade
10 Exhibition Obligations
Glossary

4

The Overriding Principle and Film Piracy Commitment

4.1 Each distributor and each exhibitor will deal with the other on a fair and equitable basis at arms length and in the manner set out in this Code.


4.2 In addition to compliance with the requirements of this Code regard should be had to the following in determining what constitutes dealing “on a fair and equitable basis”:

4.2.1  principally, the legitimate commercial objectives of the distributor and the exhibitor; and

4.2.2  the relative bargaining strengths of the distributor and the exhibitor; and

4.2.3  whether, as a result of conduct engaged in by a party, the other party is required to comply with conditions that are not reasonably necessary for the protection of the legitimate interests of the first mentioned party; and

4.2.4  whether a party is able to understand documents relating to the transaction or proposed transaction that are supplied by the other party; and

4.2.5  the commercial basis on which, and the circumstances under which, a distributor could make the film available to another exhibitor, or an exhibitor could receive supply of an equivalent film from another distributor; and

4.2.6  the extent to which a distributor's or exhibitor's conduct towards an exhibitor or distributor is consistent with that distributor's or exhibitor's conduct toward other like exhibitors or distributors in similar transactions; and

4.2.7  the extent to which a party is willing to negotiate the terms and conditions of the transaction with the other party; and

4.2.8  the extent to which a party acts in good faith.



4.3 Distributors and exhibitors recognise their joint responsibility to combat film piracy and agree to put in place commercially reasonable measures to prevent unauthorised recordings of films. These measures may include:

4.3.1  for exhibitors, the installation of appropriate equipment to detect digital recording devices, appropriate surveillance and staff training programs to increase awareness; and

4.3.2   for distributors, the investigation and prosecution of copyright offences, the provision of secure content through encrypted files, decryption keys and watermarked Film Copies, and staff training programs to increase awareness.




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Downloads:

Download the Code

Download the Signatory Application/Update Form (MS Word format)

FEDCAC Film Exhibition and Distribution Code Administration Committee View the Code introduction guidelines administration Committee Information Committee members information bulletins Code Secretariat Dispute Resolution Dispute resolution procedures conciliator's reports Conciliation