How long will Universal keep the Marvel characters rights since they will never be allowed to update the rides and attactions? Or will Universal and Disney ever reacha deal on who gets to use them or can they both use them. The way things currently stand neither can do anything with the characters in Orland and every one loses.
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Marvel characters
- Thread starter seascape
- Start date
Animaniac93-98
Well-Known Member
Never? That's an odd way of describing Spider-Man's refurbishment...and the costume changes...
lazyboy97o
Well-Known Member
Maybe you should read this first:
http://www.sec.gov/Archives/edgar/data/1262449/000119312510008732/dex1057.htm
http://www.sec.gov/Archives/edgar/data/1262449/000119312510008732/dex1057.htm
Thank you for the information. However based on this it appears Disney is correctly following the contract in a fair and proper manner. The contract states that Universal will have 2 gates and an thirds entertainment area we know as city walk. I am not a judge nor do I know how one would rule, but it does say the deal it for a company that will only have 2 gates and city walk. It also called for a specific amount of advertising based on percentages. Does that mean as they increase the advertising for HP, Universal has to increase it for Marvel?
Regardless the 2 companies have to work together or they both lose. The more Universal gains in revenue the more they have to pay Disney for the rights and so it is in Disney's interest that Universal does well but it is also in Universal's interest that Disney continue to make good Marvel Movies so they can attract cusotmers. That said I still think a new deal should be worked out which would be benefitial for both sides because if its not the courts will eventually have to make decissions on the disputes, especially if Universal wants to build a 3rd gate. The contract specifically states what the resort will be.
PROJECT DESCRIPTION
MCA is developing a complete destination resort on approximately 800 acres owned by it and a partner in Orlando, Florida, on which Universal Studios Florida is located and attracted approximately 7 million visitors in 1992.
When completed, as presently planned the resort will consist of the existing theme park and HARD ROCK CAFE, plus a second gated theme park (“THE SECOND GATE”), four highly themed hotels totalling 4,000 rooms, a themed entertainment and shopping complex, as well as a golf course, tennis club and spa. It is contemplated that the total cost of building out these facilities over the next decade will be approximately $3 billion. The total complex is hereafter referred to as “Universal City Florida”.
THE SECOND GATE will be similar in size, quality and originality to Universal Studios Florida and is expected to generate even greater attendance, stay time and visitor expenditures given the unique appeal of the park and the synergies which will arise from the total destination resort
If the resort is different that was in the contract you can be sure the courts will have to make a decission. also can Universal build more than 4000 hotel rooms?
Regardless the 2 companies have to work together or they both lose. The more Universal gains in revenue the more they have to pay Disney for the rights and so it is in Disney's interest that Universal does well but it is also in Universal's interest that Disney continue to make good Marvel Movies so they can attract cusotmers. That said I still think a new deal should be worked out which would be benefitial for both sides because if its not the courts will eventually have to make decissions on the disputes, especially if Universal wants to build a 3rd gate. The contract specifically states what the resort will be.
PROJECT DESCRIPTION
MCA is developing a complete destination resort on approximately 800 acres owned by it and a partner in Orlando, Florida, on which Universal Studios Florida is located and attracted approximately 7 million visitors in 1992.
When completed, as presently planned the resort will consist of the existing theme park and HARD ROCK CAFE, plus a second gated theme park (“THE SECOND GATE”), four highly themed hotels totalling 4,000 rooms, a themed entertainment and shopping complex, as well as a golf course, tennis club and spa. It is contemplated that the total cost of building out these facilities over the next decade will be approximately $3 billion. The total complex is hereafter referred to as “Universal City Florida”.
THE SECOND GATE will be similar in size, quality and originality to Universal Studios Florida and is expected to generate even greater attendance, stay time and visitor expenditures given the unique appeal of the park and the synergies which will arise from the total destination resort
If the resort is different that was in the contract you can be sure the courts will have to make a decission. also can Universal build more than 4000 hotel rooms?
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lazyboy97o
Well-Known Member
Gate 1: Universal Studios Florida
Gate 2: Universal's Islands of Adventure
Nothing in there says they can only ever have two gates.
The licensing fee is set and increases only with inflation, so more revenue (except that generated by merchandise) does not mean more fees.
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You misinterpreted the deal.
Comcast absolutely can update the IP based attractions they have. Such as they did with Spider-Man.
What they can't do is turn Spider-Man into a flume ride. Or Hulk into a dark ride.
So long as they do that they can keep the rights forever.
So what's the problem again? You may think things need to change but Comcast doesn't.
Comcast absolutely can update the IP based attractions they have. Such as they did with Spider-Man.
What they can't do is turn Spider-Man into a flume ride. Or Hulk into a dark ride.
So long as they do that they can keep the rights forever.
So what's the problem again? You may think things need to change but Comcast doesn't.
I never said they could not update. the contract does state Marvel has to agree to it. Disney is properly doing so, on things that are actaully in their interest. However, the part I find most interesting in the contract is who they made it with along with the full understaning of what the park would be when it was finished. Like I said before I am not a Judge but the contact clearly states what the Universal will be in specific size. It states 2 parks and 4000 hotel rooms when it is finished. If I were in charge of Disney I would make sure that the contract were followed and that is all there is and if Universal wanted to build more I would take them to court and fight for the rights back without having to pay anything.
PS. I would not fight the issue over wet n wild but that might be why it has not changed names yet.
PS. I would not fight the issue over wet n wild but that might be why it has not changed names yet.
WDW and Universal working together to solve the "Marvel issue." Sounds vaguely familiar....
lazyboy97o
Well-Known Member
Marvel must give "reasonable" approval, a well established legal concept and the contract lists the guides for what constitutes proper use.
The project description is merely a description of what was being planned in 1994. There is no requirement that the project must be stuck as that forever.
And if you had read more closely you would have realized there is no going to the courts over disputes regarding this deal.
lazyboy97o
Well-Known Member
Disney even started to pursue claiming that Universal Orlando Resort was failing to adhere to the maintenance standards before realizing they'd be laughed at for trying to make such a claim.
You are wrong on the issue of size and what is planned and what is done. The contract called on universal to advertise Marvel as a certain percentage of what is going to be built. Marvel had reason to believe and expect they would be the primary character rights provider. It is clear HP is number one at universal and will probably continue to be. So if another gate is built Marvels share will be smaller and therefore not advertised the way a reasonable person would have expected and so the contract could be voided.
In otherwords Universal bought the rights with certain understandings that have to be followed. This is the same as six flags with DC. If I were Disney I would make sure there is no third gate unless Universal gave back all the rights. But if Universal agreed now without a fight to give up the right I would let them keep the rides they have and even allow them to upgrade them but nothing else.
lazyboy97o
Well-Known Member
The terms of the deal are nothing new to Universal. They know them and you're just making things up that are simply not there. No sane person would agree to a deal that prevents growth.
On what was described the resort would be and what it eventually becomes it is critial. Universal agreed to specifics as to how the Marvel characters would be used advertised in a 2 park resort. If the resort becomes a 3 park resort and the advertising not the same percentage universal will be breaking he contract. Disney did have to agree to reasonable updates as the contract states, so why would universal not have to follow it?
No reasonable company would agree to a deal in which their intellectual property could be reduced to irrelevant. Marvel was the top characters at Universal until HP. They do have the right to expect certain things from Universal and that included being an important part of a 2 park resort or demanding the rights back.
P.S. I am not saying Universal can't expand only that they can't and expect to keep the Marvel characters without a new contract that would have to be agreed by Disney. That does not mean they could come up with enough money to please Disney but it would cost them.
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What makes you think they have not found it? Universal has not broken anything yet but that does not mean they can build a 3rd gate and lower the value of Marvel.
lazyboy97o
Well-Known Member
You'd think by now Marvel may have realized that there are no golf courses at Universal Orlando Resort. The project description is not part of the obligation, just additional information. Plain and simply.
Marvel was desperate in 1994. That's why they agreed to a perpetual deal with a set fee. They would be bankrupt in two years because their future was uncertain.
Imagining or obsessing. Familiar either way.....
Marvels finances in 1994 have nothing to do with this. The issue is that 1994 they agreed to sell right to Universal. The contact has to be follow by both sides. Only in the event of harm can one party go after the other. DISNEY has to agree to certain upgrades and Universal has to agree to do proper advertising and such for Marvel. If Universal expands and lowers the importance of Marvel then they are in violation. A golf course being build or not built does not benefit or harm Marvel. A third gate would be and I believe the fight would not be laughed out of court but would be won by Disney because there is no doubt Marvel would be hurt by a much lower position in what would now be a 3 park resort.
lazyboy97o
Well-Known Member
Quote the relevant lines that show how resort size is limited.