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

8

Supply of Information

8.1 Each distributor shall, within four (4) working days (seven (7) working days where Section 5.3 applies) after a written request by an exhibitor who has been refused supply of a Film Copy or of the trailer and/or advertising materials for a film, provide such exhibitor in writing with such information as is reasonably requested to demonstrate to which criteria in Sections 5.1 and 5.2 it has had regard in determining whether to supply such exhibitor with a Film Copy in first run, second run, or for an advance screening, or at all, as the case may be or, as applicable, in determining whether to supply such exhibitor with the trailer and/or advertising material.  Where such criteria have included box office returns relating to a competitor exhibitor, the distributor will supply such information to the exhibitor where reasonabley requested.  The distributor must not disclose information relating to an exhibitor which is not a signatory to the Code.  By signing this Code exhibitors agree to the provision of information under this Section 8.1.  The distributor must not disclose confidential financial data of an exhibitor except for box-office returns.  Nothing in this Code shall require a distributor to provide an exhibitor with box office returns relating to an exhibitor who has withheld the relevant box office returns from that distributor under Section 8.6.


8.2 Each distributor shall, periodically and as soon as is reasonably practicable, give reasonable details of its proposed upcoming product and release dates to all exhibitors by publication in appropriate media, except to those it considers ineligible for supply of a print pursuant to Section 10.6.  Publication on the distributor's website or in film industry publications generally distributed throughout Australia will constitute publication in appropriate media for the purposes of this Section.


8.3 Prior to the booking deadline for a film, each distributor shall in a timely manner give written notification (which may be by facsimile transmission or email) to each exhibitor to whom it has offered, or intends to offer, a Film Copy of a film, of its intended terms of supply, and shall in a timely manner confirm those terms in writing (which may be by facsimile transmission or email) once the booking has been made. The terms of supply shall include the booking deadline, rental terms, season and session policy, any applicable VPF, any applicable bonds or guarantees and any relevant promotional opportunities relating to the film. The terms of supply shall also include, where possible, the running time and classification of the film provided that, if the distributor is unable to provide details of the running time and/or the classification of a film prior to the booking deadline, then:

8.3.1  the distributor will provide that information to each such exhibitor as soon as possible after it is known by the distributor;

8.3.2  as part of the intended terms of supply written notification the distributor will provide its estimate of the running time and/or its expectation of the classification of the film to the exhibitor, noting that it is an estimate, on the basis that the exhibitor will have no recourse whatsoever against the distributor if the information provided proves to be inaccurate; and

8.3.3  if an exhibitor schedules a film for screening relying on information provided by a distributor pursuant to Section 8.3.2, which information subsequently proves to be materially inaccurate, and the exhibitor will be demonstrably adversely affected because the information is materially inaccurate, then the parties will negotiate in good faith with a view to overcoming or minimising the adverse impact on the exhibitor (but the exhibitor will not, in any event, have any recourse against the distributor because the information provided by the distributor proves to be inaccurate).


8.4 Where a distributor supplies a film to an exhibitor for exhibition, both the exhibitor and distributor will, on request, supply information to each other on the nature and extent of promotional and media activities in relation to the release of that film on a confidential basis.


8.5 Each exhibitor shall upon request and on a strictly confidential basis, make available to any distributor who is a signatory to the Code, cinema-by-cinema and film-by-film box office receipts. Any distributor who receives that information must not make the information available to another exhibitor without the prior written consent of the exhibitor that supplied the information.


8.6 Subject to each exhibitor's contractual obligations with each distributor, an exhibitor may withhold box office returns requested under Section 8.5 if that exhibitor reasonably determines that the supply of that information will result in a competitor receiving an unfair competitive advantage.


8.7 If an exhibitor does not accept a Film Copy offered by a distributor under Section 8.3, upon request by that distributor the exhibitor will inform that distributor of the reasons why that exhibitor has chosen not to accept the FIlm Copy.



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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