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The ten or so page contract for HP3 says "You shall not specifically reference the film on any concession container." Later it adds, "unless [the container is] provided by Warner."

I have been using HP kids combo boxes purchased through Promotional Management Group for about three years. I read the above section of the terms and called my friendly rep at WB to see what was up with the above edict. He said I should not use the HP containers during HP; that it wouldn't be worth it to me just in case a studio person came in. I'm still shaking my head as my only other option is to use Shrek 2 containers.

I called PMG and left a message there to get their comments on this. Certainly PMG got permission from WB to make the containers up in the first place. Just curious if anyone else here uses those combo boxes and gave it a second thought whether or not to use them during this movie.

[This message has been edited by BurneyFalls (edited June 03, 2004).]

Burney,

Well I can't comment on that since we aren't playing HP. We are toying with the idea of using these 500 stickers Zeitgiest sent us for their film The Corporation on our popcorn bags.

It seems like a witty and ironic commentary since the movie is about corporations behaving like psychopaths, to be the non-corporate theatre promoting a movie about the evilness of corporate behavior by adopting a well known corporate-type promotion. If we do it, hopefully our customers will see it that way, but it may be way too cerebral for them.

Your point about why WB would license the art to PMG for the HP stuff and then not let you use it when you show the movie is valid. But then WB is a corporation! My guess is they want the HP stuff used before the movie opens as promotion for the movie. But then again, would they rather you used stuff promoting say The Incredibles to the HP audience? It's bizarre. Tie-ins like that should be value-added to the in theatre experience, not perceived as a threat.

I did love the 9 page letter (oh, excuse me, 6 page letter and 3 page bullet point summary). Those things always make me glad to be an arthouse guy. There is enough BS in this biz without having to take it to that particular level. I suppose you could call up your friendly WB rep and ask them to order the HP stuff you need from PMG for you, that way WB would be providing it because it was ordered by them and billed to them!

Burney,
We too are using Harry Potter kids trays purchased from PMG. We are also showing Harry Potter and The Prisoner of Azkaban. My Harry Potter trays are from Harry Potter and the Sorcer's Stone which is not the same movie as the one that we are licensing this week. The Warners letter says "You shall not specifically reference the film on any concession container." I'm not as the film we are referencing is Harry Potter and the Sorcer's Stone. We also have 32 oz cups from Harry Potter & The Chamber of Secrets. We have nothing in concession items that references Harry Potter & The Prisoner of Azkaban. I was told by PMG months ago that nothing would be available for Harry Potter & The Prisoner of Azkaban so perhaps that is why Warners is so comfortable saying that we shouldn't reference the film on any container. They know that they didn't authorize anything for this one. However, I certainly do believe that PMG had authorized copy for the first 2 movies or I wouldn't be using them. I would think that Warners beef would be with PMG if they were not authorized to distribute a prior Warner Bros movie. I seriously doubt that they are too interested in prosecuting me for something that I would have no knowledge of. If I obtained unauthorized goods through a supplier that I had dealt with before for the same type of goods, I don't see where their liability would extend to me. We use PMG products all the time - occasionally we even have the ones that match the movie that we are running but not often.

Now, on the subject of Warners. I don't know where they are coming from now. It all started with that godawful contract that they demanded to be signed last year. We didn't sign it until November and then only with changes. Harry Potter & The Prisoner of Azkaban was the only movie that would make me sign that contract, however, we have been running a steady line this spring: Starsky & Hutch, Scooby Doo 2, New York Minute, Troy and now Harry Potter & The Prisoner of Azkaban. For Troy we got a letter dated May 6th that arrived after we had already booked the film, sent our ads, etc. It required certain things including 4 shows per day on Troy at a minimum or permission from Warners. As we did not schedule 4 shows per day every day, we called our booker who said in effect "Don't take it too seriously. Obviously Warners doesn't or they would have put the letter into the mail in time for us to meet the terms." Therefore, I am taking all this stuff with a large grain of salt. I am also thinking that Warners may be on the losing end of the stick more often in our film choices as I am also not happy about their terms.

Thanks for the reply Beckwith. I still haven't decided whether to use the containers or not.

Another section (mid page 4) of this contract terms doctrine states:

“Please note that a reference or an image consistent with the settings in the motion pictures Harry Potter And The Prisoner Of Azkaban, Harry Potter and the Chamber of Secrets, and Harry Potter and the Sorcerer’s Stone, or consistent with the settings in the books . . . will be considered to be a reference to the film . . .”

The top of page 5 states in part:

"If you fail to obtain the specific prior written consent required above, be reminded that pursuant to Section . . . your company will be obligated to pay Warner the total amount of money it receives for such use of Harry Potter And The Prisoner Of Azkaban together with the total value of any non-monetary benefit it receives for such use."

So, my take on this is that here is their push to start absconding with our concession monies.



[This message has been edited by BurneyFalls (edited June 03, 2004).]

Burney said:
So, my take on this is that here is their push to start absconding with our concession monies.

I hear you on that one! However, I also went down and checked my PMG stuff. They have Warners logo and copyright info on them so I would maintain that these items do not belong in page 4/5 section 11. Participation in Promotions Not Originated By Warner. They were originated by Warner.
I think that the first one of us that Warners tries to argue that we are using concession products prohibited by that section of the letter should stand up to them. Would probably get support from NATO also as this whole subject is ridiculous in the first place.

Okay Beckwith, maybe we can share the same cell! I'll use 'em if you do.

Here is the response I got from Marie Allen at PMG:

"PMG has contracted with Warner Brothers to produce concession items for the first two Harry Potter movies. These items can still be sold in-theatre.

We would have been contacted by Warner Brothers if we were to stop selling these items.

Unfortunately, PMG will not be producing
items for the third Harry Potter movie.....maybe for the 4th.

If you have any questions, feel free to contact Marie Allen at PMG 816-221-3833
ext.113. Your business is appreciated!"

Maybe a play on words, but...
"you shall not specifically mention HP on concession containers"...

Hmmmm... well, I didn't... PMG did!

This is why I don't read the contracts. It saves an awful lot of getting my undies in a knot.

I figure if they really care about something they'll send a sled dog to let me know.

---

Michael Hurley
Impresario

You saying my undies were in a knot, Mike?

Puhleeeeeeez! I'm having visualization difficulties here!