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I gave a 3 screen that clears a CARMIKE 8 we play art &1 st run when they dont have room for a pic.
This summer they are taking every pic and by the second week or even the first they split and drop 3 of the 4 shows to play the biggest hit on more than one screen...

Ie ...today they played 1 show of SPACE CHIMPS (1ST DAY) DROPED THE REST OF THE SHOWS AND PLAYED BATMAN THEY ALSO DID THIS WITH Dave today...
So we cant get any of the movies but they are not even playing trhe ones they say ...This has gone on at lest 4 times in the last 5 weeks.

one other point our per screen average is double theres on a yearly basis. How can we stop this...

report it to Fox ... they could take them off service

Space Chimps is a no-no, Meet Dave is ok this week.

[This message has been edited by Mike Spaeth (edited July 19, 2008).]

I did not think you could drop times on a friday even on Dave......They also did not run Wanted today .......

few things/ while sometimes it's good to talk with distribs re: nearby theatres play patterns you will certainly have them doing the same with you so be prepared to be a little more careful. Chains seem to get more lee way when it comes to a tank like chimps than you or other indoes would receive.

secondly: re: clearance. I would start calling the state AG )(attorney general) because in many states clearances are simply illegal. Maine has a very aggressive AG when it comes to film distribution and forced a local chain (Flagship[) to sell a theatre they had bought to put oput of business.

When Fox took me "off service" for a month when they had a hissy fit last winter the AG was poised to intervene but I held them off to preserve a good relationship. The problem went away.

Point being: you may have a leg to stand on.

---

Michael Hurley
Impresario

I hired an entertainment attorney once. It didn't totally result in me getting my way, but the bleeding did stop, and the studio involved made a point of complaining that I'd taken it to that extreme (translated: they took notice).

You may not have to take it that far. If you keep your point simple and clear, and ramp it up a notch or two past the regional booker, you'll definitely get noticed. Break your goal into small bites, design those bites to end in tangible results, then use that to move on to the next goal. Also, pick a studio that's most likely to make a move before everyone else. Disney is one such. You get a clearance removed from one studio, or even shorten the clearance window, and most other studios will quickly follow.

The AG idea is good, but a last resort. Many studio contracts only mention clearances as something another theatre company has to request. Ask for documented evidence that a clearance was requested, then go after that company for anticompetitive practices. You could get your clearance lifted, and the studio saves face, making it work for all in the end... except maybe, for Carmike.

Aggressive booking also helps. Whether you book your own or hire it out, evaluating that part of the process would be a good idea. Personally, I wouldn't touch booking again with a 50 foot pole, but some exhibitors have a real talent for it.

My complaint is not so much about cleaarence as them OVERBOOKING >they do this so i cant get movies. Yesterday they did not even bother to play a movie they turned in a 0 gross and played BATMAN on 2 xtra screens.

The 2 companies they have done this to is FOX AND UNIVERSAL............I dont book my own theater...

In a situation like this that is your biggest mistake. Look at it this way..... if things are really that bad, then they can't get any worse by doing it yourself. And you save the fees.

When you do it yourself you get to know the exhange personnel and that "personal touch" REALLY makes the difference. You can directly point out and question things (eg one show of Chimps)that might otherwise not get mentioned.

As with most business the squeeky wheel usually gets the grease. (Although sometimes not . . . when I complained "up the chain of command" to New Line one time, I was told ... and not politely ... to stick it where the sun doesn't shine.)

[This message has been edited by muviebuf (edited July 20, 2008).]

I don't have a booker either, but having one might be an asset for you in this situation. Does your booker book for them also? If not, have your booker snitch them out. He or she is supposed to be your ally, right? If he or she does book for them, you could call the studio rep yourself and if nothing happens there, move up their chain.

Fox is very adament about not splitting their screens. I just got a new letter dated July 2, "titled Prohibition on Sharing Show Times", from Fox that basically said that an offending theatre would be immediately removed from service from all Fox product for an indefinite period of time unless otherwise expressly agreed to by them.

If you didn't do so this time, I would photograph their marquee, get copies of their ads, and record their phone recording to build a case against them.

I wouldn't be worried about them retaliating and bringing on additional studio scrutiny against you unless you are doing something shady yourself.

The problem with having a booker (in this situation) is that a booker has multiple accounts. Even if said booker is not working for your direct competition the booker has many other clients to worry about and is not going to want to cause too much trouble for fear of impacting the deals for other accounts that he (or she) represents.


[This message has been edited by muviebuf (edited July 20, 2008).]

My booker is one of the best in the country so i know he will go after them on Monday...We shall see.....He says he will take it to the Top...

Burney ..that is what i am going to do ...We always play it straight with no games....The digital dream is going to cause millions in fraud for the studios.

Fox's policy on Meet Dave this week pretty much anywhere was play it one show minimum. I have a lot of places I book where we took it to first matinee show only.

yesterday they dropped both shows...