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Update: ScarJo and Disney have reached a settlement in her Black Widow breach of contract lawsuit


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Scarlett Johansson, star of Marvel Entertainment’s 2021 movie ‘Black Widow,’ has filed suit against Walt Disney Co. over the decision to release the movie on Disney+ at the same time as in theaters.

 

Scarlett Johansson, star of the latest Marvel movie “Black Widow,” filed a lawsuit Thursday in Los Angeles Superior Court against Disney, alleging her contract was breached when the media giant released the film on its Disney+ streaming service at the same time as its theatrical debut.

 

Ms. Johansson said in the suit that her agreement with Disney’s Marvel Entertainment guaranteed an exclusive theatrical release, and her salary was based in large part on the box-office performance of the film.

 

“Disney intentionally induced Marvel’s breach of the agreement, without justification, in order to prevent Ms. Johansson from realizing the full benefit of her bargain with Marvel,” the suit said.

 

Disney couldn’t be reached immediately for comment.
 

 

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I know we got at least one similar lawsuit over all the movies sent to HBO Max, but I'm surprised we haven't seen more, or even some kind of class action.

 

I won't blame Johansson herself, but it does seem like contracts should account for this kind of thing. I don't know if it's unions being slow to adjust, the incestuous relationship talent agencies have with studios, or studio lawyers just being better, but every time the business model changes it seems like everyone but the studios get screwed. Just in the last 20 years we've seen multiple huge shifts in how films and tv make money, and we've become increasingly aware of the lasting value that many of these properties have (see the sale of MGM). If you write a contract based around specifics of how a movie makes money, you're going to lose out sooner rather than later.

 

I'm sure that someone lost a ton of money because the contract they signed in 06 gave them a cut of the DVD sales, only for the film to come out a couple years later to find the market had been cut in half. I suppose those aren't lasting lessons.

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The DVD sales thing is a great comparison, @TwinIon

 

Things change often surprisingly and rapidly, so not surprising that streaming royalties are lagging behind the revenue generated from it right now. You can be sure contracts will account for shorter and non-windowed releases moving forward.

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7 minutes ago, legend said:

If her contract said there would be an exclusive theatrical run and her pay was based on box-office performance, that does sound like a valid case.

I'm sure it's a valid case and Disney will surely settle. Feige is supposedly pissed at this strategy too.

 

35 minutes ago, Commissar SFLUFAN said:

 

Legendary Entertainment and Warner reached an agreement before the suit was filed.

 

Same thing is gonna happen here I'm sure. She's saying 50 million in lost revenue? She'll probably get more than half that in a settlement.

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36 minutes ago, sblfilms said:

The DVD sales thing is a great comparison, @TwinIon

 

Things change often surprisingly and rapidly, so not surprising that streaming royalties are lagging behind the revenue generated from it right now. You can be sure contracts will account for shorter and non-windowed releases moving forward.

My contract for a project I was working on included language based on existing means of delivering and exhibiting films and future means as well. Any smart lawyer will at least TRY to include that language. Sometimes it gets negotiated out... everyone is aware of how quickly things are changing and that contracts need to take that shit into account. 

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26 minutes ago, legend said:

If her contract said there would be an exclusive theatrical run and her pay was based on box-office performance, that does sound like a valid case.

 

Quote

The decision to put the movie on Disney+ is projected to cost Ms. Johansson more than $50 million, a person familiar with details of her contract claimed.

 

I sure as shit would sue over $50 million.

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I know this was the last film she was on contract for anyhow but that normally doesn't rule out coming back for individual movies...but does this sort of thing usually put the kibosh on a studio ever working with an actor again?

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Just now, Jason said:

I know this was the last film she was on contract for anyhow but that normally doesn't rule out coming back for individual movies...but does this sort of thing usually put the kibosh on a company working with an actor again?

 

I think she's been wanting out, but I don't remember where I read that.

 

But yeah seems she has a pretty good case here. Can't say I blame her.

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2 minutes ago, Reputator said:

I think she's been wanting out, but I don't remember where I read that.

 

Yeah but Chris Evans wanted out too. But him wanting out doesn't mean he's never ever coming back, it just means he didn't want to be obligated to so it's not a guarantee that it happens. So I assume Johansson may have also been in that kind of situation and not just never ever wanting to come back, but now I'm wondering if this lawsuit will mean the option of coming back if she ever wants to is foreclosed on by this lawsuit.

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20 minutes ago, Jason said:

I know this was the last film she was on contract for anyhow but that normally doesn't rule out coming back for individual movies...but does this sort of thing usually put the kibosh on a studio ever working with an actor again?

Not really no. Especially since Feige is probably on her side with this.

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Well I guess Disney will throw away any ideas they might have had to bring her back in any capacity... 

 

I haven't been following the movie much since I haven't seen it yet, but I thought when they announced the July release date they said it would be theatres only, and then release on Disney+ like three weeks later, or something. When did that change? 

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