Film-Tech Forum ARCHIVE: subletting theater, private groups

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Posted by Sarah Treichel (Member # 10857) on 09-16-2019, 04:10 PM:

I manage a two-screen first run theater that is only open 4 nights a week. We've recently been approached by three groups/potential groups: 1) wants to rent our theater on nights when we're normally closed and run an art house and/or repertory type cinema, 2) wants to use the theater to show an old movie on DVD to raise money for a charity, and 3) wants to have a movie "club" whose members would pay in advance and then we would book films to screen just for them. Any idea how distributors would look upon these sorts of arrangements? Can another company show different movies on our screens when we're not open? Can we book a movie for a private club showing and still consider our regular stuff clean? What if the club wants to let the public in and not charge? And the charity thing - we don't having licensing rights to show the DVD, but then we're not charging admission either. The group would just let people give a donation if they want. Any thoughts?

Posted by Leo Enticknap (Member # 534) on 09-16-2019, 04:32 PM:

1 - if they're purely renting your theater, and you're not involved in the programming side of it at all, then a clause in the rental agreement to the effect of they supply the movie, they are doing so entirely legally, and they indemnify you against any issues as far as that goes, should put you in the clear.

2 - Sounds more dubious to me. They would need to buy a nontheatrical* screening license for whatever they wanted to play, from a company such as Swank, that specializes in this market. Essentially the same deal - you'd need a signed agreement that they have fulfilled all of the licensing requirements, and indemnify you against any and all consequences of failing to do so.

3 - I don't like the sound of this, as they want you to do the programming and booking work, and possibly take some of the risk. If it were me, I'd offer them a straight rental of the theater on the same terms as 1, but not to take on any of the programming, or the financial or legal risks.

* Nontheatrical - screening of a movie to an assembled audience, the members of whom do not pay an individual admission fee. Playing movies in schools, bars, on airliners, etc., would be an example.

Posted by Martin McCaffery (Member # 37) on 09-16-2019, 04:40 PM:

First things first: If it shows in your theatre, you are responsible for clearing the rights.
They cannot come in and show a DVD/Blu-Ray without clearing the rights, and some distributors will not allow showing their movies on Blue-Ray/DVD. This my be a dealbreaker with some people, especially if they don't want to pay the rights clearance. Too bad, welcome to reality (it doesn't matter if they charge admission or not). IF they want to do a charity fundraiser, you negotiate the rate with the distributor.
If you book a film for four nights and show it for four nights, you've fulfilled your obligation to the distributor.
Be honest with the client and the distributor and everyone should be ok.
All of these ideas can be good ways of making extra cash, so look into them, but be professional about them or you'll lose money.
You will also be entering the murky world of Theatrical v Non-theatrical. It seems every booker at every distributor treats this differently, so have a talk with them before you do anything. It is usually cheaper to show things Theatrically, but they won't always let you.
There's plenty more involved, but that's showbiz.

Posted by Scott Norwood (Member # 30) on 09-16-2019, 04:45 PM:

Agreed with everything said above.

If you take on the booking responsibility, always try to book theatrically if possible. If the distributor won't let you, you will be told this. In any case, be up front with all parties involved about what you are doing.

Also, be careful about shipping charges. If films are shipped to a theatre, the shipping bill often goes to the theatre, even if they are booked by a different group. Check your bills and re-bill the shipping charges to the renting group if necessary.