News Disney and Fox come to terms -- announcement soon; huge IP acquisition

brodie999

Active Member
I posted it on the previous page. But you need a subscription to read the article. But the headline is that they are fine tuning their behavioral remedy package.
Oh... thanks. So maybe you should subscribe to read the article. I tried all of my passwords, but they wouldn't let me on. That way you can paste the full details onto this page.
 

Darkprime

Well-Known Member
Disney will not buy Sony Pictures. It would never pass the antitrust laws. It is possible that Disney could buy out the Spiderman contract and someone else like Comcast buy the rest.

After the Fox purchase Disney will be at 39-40% of box office share. What would buying Sony put them at? 45/50%? If it was 45% it would pass. DOJ doesnt get involved until you own 50% market share.
 

Ripken10

Well-Known Member
After the Fox purchase Disney will be at 39-40% of box office share. What would buying Sony put them at? 45/50%? If it was 45% it would pass. DOJ doesnt get involved until you own 50% market share.
How much you make at the box office is not how they look at it. If you made one movie and it made 75% of the box office for the year the DOJ would not care. It is actually much more complex than that.
 

AnotherDayAnotherDollar

Well-Known Member
Disney buying Sony Pictures is a non starter. Not happening. Not because it wouldn't pass anti trust law (it would pass. BO percentage is not a good measure and there are many more variables involved when determining a monopoly). However, Disney has no reason to buy out Sony Pictures. 0.

What seascape alluded to earlier is that if the Disney and Sony have to make a deal for something else then they could buy out the Spider-Man contract and distribution rights to previously released Spider-Man movies. Similar to if Disney buying out Comcast's interest in Hulu, they could make a deal to buy out Comcast's Marvel rights at the same time.

It's possible and fun to speculate, but one shouldn't speculate on the buying of Sony Pictures by Disney. After the Fox acquisition they will spend 2-3 years balancing their sheets before any further acquisition, Hulu equity and amendments to licenses/contracts notwithstanding. After that I would speculate that a further big acquisition from the Mouse is more likely to come in the form of videogame companies with great IPs that can be mined across their businesses (as well as making great games with Disney's IPs).
 

Twilight_Roxas

Well-Known Member
Disney buying Sony Pictures is a non starter. Not happening. Not because it wouldn't pass anti trust law (it would pass. BO percentage is not a good measure and there are many more variables involved when determining a monopoly). However, Disney has no reason to buy out Sony Pictures. 0.

What seascape alluded to earlier is that if the Disney and Sony have to make a deal for something else then they could buy out the Spider-Man contract and distribution rights to previously released Spider-Man movies. Similar to if Disney buying out Comcast's interest in Hulu, they could make a deal to buy out Comcast's Marvel rights at the same time.

It's possible and fun to speculate, but one shouldn't speculate on the buying of Sony Pictures by Disney. After the Fox acquisition they will spend 2-3 years balancing their sheets before any further acquisition, Hulu equity and amendments to licenses/contracts notwithstanding. After that I would speculate that a further big acquisition from the Mouse is more likely to come in the form of videogame companies with great IPs that can be mined across their businesses (as well as making great games with Disney's IPs).
Disney would need to buy the distribution rights to the Hulk from Comcast.
 

AnotherDayAnotherDollar

Well-Known Member
They tried video game publishing once. Didn't work out.

"Tried". I can tell you that getting into game publishing and doing it "right" was in their roadmap a few years ago. Not sure if that changed or got moved due to the Fox acquisition. It's much like Iger saying they are doing independent movies and "R" rated movies "right" now with Fox as opposed to what they had with Miramax.
 

Slpy3270

Well-Known Member
"Tried". I can tell you that getting into game publishing and doing it "right" was in their roadmap a few years ago. Not sure if that changed or got moved due to the Fox acquisition. It's much like Iger saying they are doing independent movies and "R" rated movies "right" now with Fox as opposed to what they had with Miramax.

To me, their biggest mistake in terms of video game publishing is not seizing an opportunity when it showed. All they were doing is buying development studios and not dedicated game franchises and IPs.

When Warner Bros. bought Midway's game assets, including Mortal Kombat, everyone thought it was a joke. Well, look where they are now versus Disney.

It's not clear whether or not Disney will look into publishing games again after the Fox deal is settled, but I wouldn't bet on it.
 

MisterPenguin

President of Animal Kingdom
Premium Member
EA is such a toxic brand in the game trades that Disney would be hurt badly if they had them under their wing.

I was thinking more in the lines of the current incarnation of Atari.

Which is as equally toxic nowadays... if they were still developing software... and if they were actually Atari and not just it's name purchased by a horrible developer.
 

Twilight_Roxas

Well-Known Member
EA is such a toxic brand in the game trades that Disney would be hurt badly if they had them under their wing.

I was thinking more in the lines of the current incarnation of Atari.
It's for Star Wars to be created by other video game companies. The Simpsons Tapped Out is still good.
 

AnotherDayAnotherDollar

Well-Known Member
To me, their biggest mistake in terms of video game publishing is not seizing an opportunity when it showed. All they were doing is buying development studios and not dedicated game franchises and IPs.

When Warner Bros. bought Midway's game assets, including Mortal Kombat, everyone thought it was a joke. Well, look where they are now versus Disney.

It's not clear whether or not Disney will look into publishing games again after the Fox deal is settled, but I wouldn't bet on it.

Correct. They went at it the worst possible way. I would think they will get back to it at some point, but not in the near future. Mid 2020s and they'll probably get back in it by buying a couple of publishers and developers.

Disney would kill to own Epic Games or Blizzard right now due to Fortnite and Overwatch. Spider-man making a killing in sales on PS4 also shows Disney their products can be big sellers if properly taken care of. SW Battlefront 2, even with all the backlash, still made a boatload of money.

Also worth remembering that Consumer Products is the worst performing division of Disney and the only reason it doesn't get talked about more is because Wall Street is obsessed with ESPN.

EA is such a toxic brand in the game trades that Disney would be hurt badly if they had them under their wing.

I was thinking more in the lines of the current incarnation of Atari.

EA is not only toxic, but extremely overvalued. Their must popular IPs are of no interest to Disney either (FIFA, Madden). Nintendo is probably out of the question as the Japanese government would protect it, but something along the lines of Square Enix, Capcom, Ubisoft, Take 2 is what they would be looking at in terms of publishers with IPs.

@AnotherDayAnotherDollar Well Disney buying Sony could face antitrust issues overseas.

Not worth debating over as that's not happening.

Possibilities are for India assets that would need to be divested/acquired by Sony/Disney respectively and/or Endemol Shine being divested by Disney and acquired by Sony which would then allow the SM contract to be amended and distribution rights to previously SM titles being purchased.
 

Darkprime

Well-Known Member
I'm pretty sure Disney and Sony will work something out involving Endemol. Sony could retain video game and animation rights and in exchange for Endemol Disney gets the film rights.
 

AnotherDayAnotherDollar

Well-Known Member
After Venom, Spider-verse and the Marvel Spider-man game, those Spider-man rights are worth everything to Sony. No way they give them up.

1 of them is not like the others (Sony does not own any video game rights to the character).

I'm pretty sure Disney and Sony will work something out involving Endemol. Sony could retain video game and animation rights and in exchange for Endemol Disney gets the film rights.

As per the 2011 amended contract, Sony has no Video game or animation rights. They have feature film rights (both animated and live action). Disney could develop a SM live action TV show with Tom Holland if they wanted and they wouldn't need Sony's approval to do so. This could have changed in 2015, but I highly doubt it changed in Sony's favor.

That's why Sony's plan to develop TV shows based on spider verse either A) Will need Disney/Marvel's approval or B) Each episode has to be over 78 minutes long.

Fun fact (spoiler for Spider verse just in case)

Peter Porker is a frozen character. Disney/Marvel had to give Sony the OK to use him in Spider Verse

2.b(i)(A) Spider-Man Character. The character “Spider-Man,” including without limitation the character “Peter Parker” and all Alternate Versions of the Spider-Man Character, and all other versions, iterations and alter egos of such character appearing in any Existing Authorized Work or New Authorized Work (other than solely in an Incidental Depiction) (collectively the “Spider-Man Character“). For the avoidance of doubt, neither SPE nor Marvel may exercise the Rights to the Frozen Characters listed on Schedule 7A (e.g., “Spider-Ham”).

2.g. Frozen Characters. The characters listed on Schedule 7A (“Frozen Characters“) are frozen and any and all exploitation of the Rights to such Frozen Characters is subject to the mutual consent of the parties.

4.e. Frozen Characters. During the Production Term, all Rights in and to the Frozen Characters listed on Schedule 7A (e.g., “Spider-Ham”) are frozen and may not be exploited at any time by either SPE or Marvel without the written consent of the other Party.

And yes, Spider Ham/Peter Porker is listed in schedule 7A Frozen characters.

Kingpin is a shared character and can freely be used by either party with some small restrictions (i.e. have to notify the other party). So that wasn't a stoppage. Peter Porker is a big question mark and makes me wonder what Disney/Marvel got in exchange for it (probably just money).
 
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