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Boxoffice - June 2018

The Official Magazine of the National Association of Theatre Owners

The Official Magazine of the National Association of Theatre Owners

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EXECUTIVE SUITE<br />

deterring and detecting camcording, and escalation<br />

to local law enforcement has led to arrest and<br />

conviction that puts criminals out of business. The<br />

Global Cinema Federation will share best practices<br />

in theatre employee training and operational<br />

practices, as well as successful models of local law<br />

enforcement collaboration that can be adopted<br />

across markets.<br />

3 Cinemas are also the voice of the industry<br />

to consumers, with the ability to build awareness<br />

of the cost of movie theft. Theatre exhibitors have<br />

a unique opportunity to humanize the cost of<br />

movie theft and to enhance the perceived value of<br />

commercial purchase. Exhibitors must be able to<br />

show guests that the experience of seeing a film<br />

in-theatre far outweighs any perceived “benefit”<br />

of seeing a pirated version. Exhibitors should<br />

thank guests for their patronage. The Global<br />

Cinema Federation is preparing an online portal<br />

to share best practice in-theatre marketing campaigns<br />

and collateral.<br />

4 Theatre exhibitors and the Global Cinema<br />

Federation shall partner with local trade organizations<br />

and advertisement companies to ensure that<br />

legitimate advertising does not appear on cannibalized<br />

content. (For example, in the United States<br />

exhibitors shall work with the American Association<br />

of Advertising Agencies.)<br />

5 The Global Cinema Federation and members<br />

shall continually and diligently advocate local<br />

governments and law enforcement agencies for<br />

laws criminalizing acts of piracy. In addition, the<br />

Global Cinema Federation and members shall also<br />

advocate for strict enforcement of these laws.<br />

6 The Global Cinema Federation shall encourage<br />

internet service providers to actively monitor<br />

the services they provide for pirated material. In<br />

the event that pirated content is discovered, internet<br />

service providers must take immediate action<br />

by removing the pirated content and coordinating<br />

with the proper legal authorities.<br />

Music Rights<br />

1 The long-term goal is to remove entirely the<br />

need for cinemas to enter into licence arrangements<br />

with, and make royalty payments in respect<br />

of music rights to, PROs; this is however hampered<br />

by legal and structural challenges;<br />

2 In the interim, the Global Cinema Federation<br />

will support efforts to secure material<br />

reductions in existing tariffs, by sharing information<br />

and deploying both (i) factual data about<br />

rates in other territories; and (ii) tactics and legal<br />

and economic arguments which have succeeded<br />

in other territories;<br />

3 In all events, the Global Cinema Federation<br />

will strenuously resist attempts by PROs to<br />

seek higher tariffs and will do so using the means<br />

described above;<br />

4 While it may be legally problematic to have<br />

a collective discussion with studios about the<br />

allocation of music rights fees as between distribution<br />

and exhibition, it is certainly permissible<br />

to discuss with studios the extent to which the<br />

relevant rights are already “fully cleared” so that<br />

no PRO fees should be payable for that content.<br />

Securing detailed information about how much<br />

music within movies is actually vulnerable to a<br />

valid PRO claim will be a useful tool in reducing<br />

overall payments.<br />

Accessibility<br />

1 Cinema owners have long provided innovative<br />

services to disabled guests on a voluntary<br />

basis, and we encourage exhibitors to continue to<br />

implement independent solutions that increase<br />

access to guests.<br />

2 Historically, voluntary solutions adopted<br />

by exhibitors make government intervention and<br />

regulation unnecessary.<br />

3 In cases where the government chooses to act,<br />

government processes to reform or adopt accessibility<br />

laws should involve exhibition representatives<br />

and the input of individuals with disabilities.<br />

4 Cinema owners and moviegoers both benefit<br />

from government standards with dynamic and<br />

flexible mandates, including size of exhibitor where<br />

appropriate, rather than static requirements that<br />

hamper technological innovation and impose<br />

burdensome costs.<br />

5 Technologists and distributors creating accessibility<br />

solutions should seek the input of exhibitors<br />

to ensure that these solutions are compatible,<br />

interoperable, complimentary, and affordable.<br />

6 We encourage our distribution partners to<br />

continue to provide accessibility tracks on all motion<br />

pictures and trailers.<br />

7 We encourage our distribution partners to<br />

notify theatre operators of a film’s accessibility files<br />

sufficiently in advance of a film’s release to allow<br />

theatre owners to advertise this information when<br />

ticket presales begin. n<br />

18 BOXOFFICE ® JUNE <strong>2018</strong>

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