What is Blind Bidding (Entertainment) and Its Legal Implications?

Definition & Meaning

Blind bidding in the context of entertainment law refers to the practice where an exhibitor or theater owner submits a bid to show a film without having viewed it. This bid typically includes not only the monetary offer but also guarantees regarding the exhibition dates, duration, and advertising commitments. In some jurisdictions, certain guarantees and advances related to blind bidding may be prohibited.

Table of content

Real-world examples

Here are a couple of examples of abatement:

(Hypothetical example) A theater owner in California submits a blind bid of $50,000 to show a new blockbuster film. The bid includes a guarantee to show the film for four weeks and to promote it using specified advertising materials. However, the theater owner must ensure that their bid complies with California's regulations regarding advance payments.

State-by-state differences

State Regulation on Blind Bidding
California Allows blind bidding but regulates advance payments and guarantees.
New York Permits blind bidding with specific advertising requirements.
Texas Blind bidding is common, but certain guarantees may be restricted.

This is not a complete list. State laws vary and users should consult local rules for specific guidance.

Comparison with related terms

Term Definition Key Differences
Blind Bidding Bidding on a film without viewing it. Involves financial offers without prior film evaluation.
Open Bidding Bidding process where bidders can view the film before bidding. Allows for informed decision-making based on film content.

What to do if this term applies to you

If you are involved in blind bidding, ensure you understand the terms of your bid, including any guarantees and advertising commitments. It may be beneficial to consult with a legal professional to navigate the complexities of entertainment law. Additionally, users can explore US Legal Forms for ready-to-use templates that can assist in creating or reviewing blind bidding agreements.

Quick facts

  • Typical bid amounts can vary widely based on the film's anticipated popularity.
  • Jurisdiction: Governed by state laws, which may impose specific regulations.
  • Possible penalties for non-compliance can include legal action or financial penalties.

Key takeaways

Frequently asked questions

Blind bidding is the process of submitting a bid to show a film without having seen it first.