Section 57-5-1 - Definitions. - New Mexico Statutes

57-5-1. [Definitions.]

A.     The term "corporation," when used in this act [57-5-1 to 57-5-22 NMSA 1978], includes any subsidiary holding company, joint purchasing or selling association, business trust, joint-stock association and officers and agents or employees serving in any capacity.   

B.     The term "person," when used in this act, includes a natural person, partnership, firm of two or more persons having a joint or common interest or a corporation, association or business trust.   

C.     The term "producer," when used in this act, includes all persons or corporations, their distributors or agents, who make, manufacture, lease, license or sell motion pictures of any kind.   

D.     The term "distributor," when used in this act, includes all persons or corporations, or their agents, who make, manufacture, buy, act as lessor, sell or traffic in motion pictures in any way.   

E.     The term "product," when used in this act, shall mean any stated number of pictures, group, series or the annual output of motion pictures of any producer, manufacturer or distributor of motion pictures.   

F.     The term "theater," when used in this act, shall mean and include any auditorium, room, hall or place where motion pictures are exhibited, played or shown.   

G.     The term "exhibitor," when used in this act, shall mean and include any person, firm or corporation engaged in the showing and exhibition of motion pictures.   

H.     The term "competitive situation," when used in this act, shall mean any town or city in which there are two or more persons engaged in the business of exhibiting motion pictures, and each is a competitor of the other.   

I.     The term "competitive exhibitor," when used in this act, shall mean and include any person or corporation owning or operating any motion picture show or theater, or who is in any way interested in the exhibition of motion pictures, in any city or town where there are two or more competitive exhibitors engaged in said business.   

J.     The term "box office value," when used in this act, shall mean and include the potential power of a motion picture to draw patronage.   

K.     The word "franchise," when used in this act, shall mean and include any contract, agreement or understanding whereby a producer or distributor either grants or gives the exclusive right to the use of its product, or products, to another producer and/or distributor or exhibitor, or other person, for a period of more than one year.   

L.     The term "first run pictures," when used in this act, shall mean and include any motion picture, or pictures, which have not been previously exhibited or shown in a certain town or city.   

M.     The term "second run pictures," when used in this act, shall mean and include any motion picture, or pictures, which have been previously exhibited or shown one or more consecutive days in a certain town or community.   

N.     The term "first run theater," when used in this act, shall mean and include any theater which exhibits first run pictures, and not more than two second run pictures in each calendar month throughout the year.   

O.     The term "second run theater," when used in this act, shall mean and include any theater which exhibits more than two second run pictures in any calendar month throughout the year.   

P.     The term "playing arrangement," when used in this act, shall mean the number of days a picture, or pictures, are to be played; the admission price to be charged for same, and the specific conditions governing the playing of a picture, or pictures, when any of the above are specified in the contracts or leasing, licensing or renting arrangements between exhibitor and distributor.   

Q.     The term "play," when used in this act, shall mean the exhibition, presentations or showing of motion pictures or productions in motion picture theaters.